GAHC010279462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/301/2026 JAGANATH DOLEY S/O- LATE ARUP KUMAR DOLEY, RESIDENT OF VILL.- NAYA BAZAR, P.O.

MIRIPAM, DIST. MAJULI, ASSAM, PIN- 785105.

VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-

06.

2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 DIST. KAMRUP METRO ASSAM

3:THE INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE NORTH LAKHIMPUR PIN- 787001.

4:THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR PIN- 787001.

5:JOINT COMMITTEE CONSTITUTED FOR PROVINCIALISATION OF SERVICES UNDER THE PROVISIONS OF THE ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF TEACHERS AND RE-ORGANISATION OF EDUCATIONAL INSTITUTIONS) ACT

2017 HELD ON 25-09-2025 REPRESENTED BY ITS CHAIRMAN Advocate for the Petitioner : MR. P MAHANTA, MS. P SAHARIA,C SARMA Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU.

Linked Case : WP(C)/351/2026 DIMBA HAZARIKA S/O- LATE PHANIDHAR HAZARIKA RESIDENT OF VILLAGE RAIDONGIA P.O.- RAIDONGIA DISTRICT- LAKHIMPUR ASSAM PIN - 784164 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR AND GUWAHATI 06.

2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 DISTRICT- KAMRUP (M)

ASSAM

3:THE INSPECTOR OF SCHOOLS LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN-787001.

4:THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN- 787001

5:JOINT COMMITTEE CONSTITUTED FOR PROVINCIALISATION OF SERVICES UNDER THE PROVISIONS OF THE ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF TEACHERS AND RE-ORGANISATION OF EDUCATIONAL INSTITUTIONS) ACT

2017 HELD ON 25/9/2025 REPRESENTED BY ITS CHAIRMAN ------------

Advocate for : MR. P MAHANTA Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 16-02-2026 Heard Mr. P. Mahanta, learned counsel for the writ petitioner. Also heard Mr. B.

Kaushik, learned standing counsel, Secondary Education, Assam.

In terms of the order dated 30-01-2026 passed by this Court in the above noted writ petitions, Mr. Kaushik, learned standing counsel, Secondary Education, Assam has submitted that the Joint Committee was constituted for carrying out the consideration as mandated to be so carried out by the Government in terms of the provisions of the Assam Education (Provincialisation of Service of Teachers and Re-organisation of Educational Institutions) Act, 2017 (in short “the Act of 2017”). He submits that the said Committee was constituted for examining the decisions of the State Level Scrutiny Committee (SLSC)

with regard to the provincialisation of the teachers involved.

The provisions of Section 13(7) of the Act of 2017 mandates that the recommendation with regard to the provincialisation of services of a Venture School teachers on being considered by the District Level Scrutiny Committee (DLSC) shall be placed before the SLSC, as constituted in the matter, under the provisions of Sub-Section (10) of Section 13 of the Act of 2017. The SLSC on further scrutiny being made including the exercise of the powers conferred upon it under Sub-Section (11) of Section 13 of the Act of 2017, shall make its recommendation in the matter, which shall be forwarded to the concerned department of the State Government for consideration and for issuing notification in respect of the eligible institutions and teachers eligible for provincialisation of their services. The consideration as mandated by the Government under Sub-Section (7) of Section 13 of the Act of 2017 is a consideration with regard to the recommendations made in the matter by the SLSC. The said recommendations, on such consideration, if found to be not in connosance with the provisions of the Act of 2017, there is no bar for having the same reconsidered strictly in accordance with the