GAHC010194182018 2026:GAU-AS:2802 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6968/2018 SONARAM BORO AND 4 ORS.

S/O- LT. BEDERA BORO, VILL- KHATOWALPARA, PO- RATANPUR, PS-

TANGLA, DIST- UDALGURI, BTAD, PIN- 784523

2: SMTI NIRUPAMA BORO D/O- MATI RAM BORO VILL- PUB NALBARI PO- TANGLA PS- TANGLA DIST- UDALGURI BTAD PIN- 784521.

3: SONARAM BORO S/O- RANTENG BORO VILL- BATAKUCHI PO- BATAKUCHI PS- TANGLA DIST- UDALGURI BTAD PIN- 784523.

4: PRATUL KUMAR BAGLARI S/O- KHUDI RAM BAGLARI VILL- CHILABANDHA PO- BHAKATPARA PS- MANGALDOI DIST- DARRANG PIN- 784190.

5: SANDHI RAM BORO S/O- LT. RABI RAM BORO VILL- KHATOWALPARA PO- RATANPUR PS- TANGLA DIST- UDALGURI BTAD PIN- 784523 VERSUS THE STATE OF ASSAM AND 2 ORS.

THROUGH THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT (SECONDARY), ASSAM, DISPUR-06.

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19.

3:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR BTAD ASSAM PIN- 783370 Advocate for the Petitioner : MR M H AHMED, MR. M R CHOUDHURY Advocate for the Respondent : SC, EDU, SC BTAD BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

19/02/2026 Heard Mr. M H Ahmed, learned counsel for the petitioners and Mr. B Kaushik, learned Standing counsel, Secondary Education Department appearing for the respondent Nos. 1 & 2. None has entered appearance for the respondent No. 3.

2. The petitioners in the present proceedings have raised a grievance with regard to non-provincialisation of their services along with the other teachers of Ratanpur High School, w.e.f. 01.01.2013 under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (in short, the Act of 2011).

3. Ratanpur High School was established in the year 1984 as a Single Medium School. Thereafter, basing on the approval granted by the authorities of the then Bodoland Autonomous Council vide communication dated 19.08.1999, Bodo Medium Section was introduced in the said school. The petitioners in the present proceedings were, thereafter, engaged as Assistant Teachers in the said school against the Bodo Medium. The petitioners continued to discharge their duties in the said school in the Bodo Medium Section. The Government of Assam, thereafter, enacted the Act of 2011 and therein, provided for provincialisation of the services of the teachers working in Venture Educational Institutions.

4. It is to be noted that Ratanpur High School at the time of enactment of the Act of 2011 was a Venture Educational Institution. Accordingly, the cases of the teachers and other employees in the Assamese Section as well as the petitioners in the Bodo Medium Section were forwarded for consideration by the constituted committees under the Act of 2011.

5. It is projected that the jurisdictional District Level Scrutiny Committee, upon consideration of the cases of teachers working in Ratanpur High School, both in the Assamese Medium as well as in the Bodo Medium Sections, proceeded to make recommendations for provincialisation of their services. The matter was, thereafter, further processed in accordance with the provisions of the Act and the names of the petitioners, herein, who were working in the Bodo Medium Section came to be included in the list of employees found not eligible for provincialisation of their services. The respondent authorities, thereafter, proceeded to provincialise the services of 9 (nine) teachers and 1 (one) Grade- IV staff working in the Assamese Section of the said High School vide issuance of an order dated 22.09.2014.

6. The petitioners’ case not having been provincialised under the provisions of the Act of 2011, their cases were taken up for consideration under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short, the Act of 2017). On such consideration, the petitioners having been found to be not eligible