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GAHC010225842021

2026:GAU-AS:4644

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

Case No. : WP(C)/11/2022

KESHAB CHANDRA DEKA (ASSISTANT TEACHER OF PARIAPARA M.E. SCHOOL), S/O LATE PADU RAM DEKA, R/O VILL- PARIAPARA, P.O.-BHURARGARH, P.S.-MANGALDOI,

DIST- DARRANG, ASSAM, PIN-784147

VERSUS

THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT,

DISPUR, GUWAHATI-6

2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA

GUWAHATI-19

3:THE STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION REPRESENTED BY ITS CHAIRMAN THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM KAHILIPARA

GUWAHATI-19 DIST- KAMRUP(M)

ASSAM

4:THE SARBA SIKSHA ABHIJAN ASSAM

REPRESENTED BY ITS DIRECTOR SSA ASSAM

KAHILIPARA

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GUWAHATI-19 DIST- KAMRUP(M)

ASSAM

5:THE DISTRICT SCRUTINY COMMITTEE DARRANG DISTRICT ASSAM

REPRESENTED BY THE CHAIRMAN OF THE COMMITTEE ADDITIONAL DEPUTY COMMISSIONER DARRANG

P.O. AND P.S.-MANGALDOI DIST- DARRANG

ASSAM PIN-784125

6:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG

P.O. AND P.S.-MANGALDOI DIST- DARRANG ASSAM

PIN-784125

7:THE PARIAPARA M.E. SCHOOL P.O.-BHURARGARH P.S.-MANGALDOI DIST- DARRANG

ASSAM REPRESENTED BY ITS HEADMASTER-CUM-SECRETARY NAMELY MD. AZMAL HUSSAIN

S/O LATE AYEZUDDIN ALI. R/O VILL- PARIAPARA P.O.-BHURARGARH

P.S.-MANGALDOI DIST- DARRANG ASSAM

PIN-784147

8:MD. AZMAL HUSSAIN S/O LATE AYEZUDDIN ALI R/O VILL-PARIAPARA

P.O.-BHURARGARH P.S.-MANGALDOI

DIST-DARRANG ASSAM PIN-784147

9:MD. RAKIBOR HUSSAIN S/O LATE MONIRUDDIN AHMED

R/O VILL-PARIAPARA P.O.-BHURARGARH

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P.S.-MANGALDOI DIST-DARRANG ASSAM

PIN-78414

Advocate for the Petitioner : MR R S CHAUHAN, MISS. M DAS Advocate for the Respondent : SC, ELEM. EDU, MR C GOSWAMI,MR. Y DOLOI,GA,

ASSAM,SC, SSA

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

Date : 01.04.2026

Heard Mr. R. S. Chauhan, learned counsel for the petitioner. Also heard Mr.

P. N. Sarma, learned Standing Counsel, Elementary Education Department, for respondent Nos. 1, 2 & 3; Mr. B. Choudhury, learned Standing Counsel, SSA, for respondent No. 4; Ms. S. Konwar, learned State Counsel for respondent No. 5;

and Mr. C. Goswami, learned counsel for respondent Nos. 8 & 9.

2. Challenge made in this writ petition is to the order dated 05.02.2021, passed by the Director, Elementary Education, Assam, whereby the services of respondent Nos. 8 & 9, namely, Md. Azmal Hussain and Md. Rakibor Hussain, have been provincialised as Social Science and Language Teacher in Pariapara

M.E. School in the District of Darrang.

3. The case, in brief, is that the petitioner was appointed as Assistant Teacher in Pariapara M.E. School on 01.01.1994. In the DISE Code records for the year 2010-11, the name of the petitioner appears at Serial No. 2, whereas the name

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of the respondent No. 9 appears at Serial No. 3. Similarly, in the DISE Code records for the year 2017-18, under Column No. 2 relating to Teachers and Instructors, the petitioner’s name is shown at Serial No. 2. However, in the said DISE record of 2017-18, the petitioner’s subject, which was initially recorded as Assamese (Language), was subsequently altered by way of overwriting to “English”, allegedly in collusion with the staff of the District Scrutiny Committee. 4. It is the contention of the petitioner that he has been consistently teaching Assamese language since the date of his joining and has never been appointed to teach English subject. However, the respondent authorities, more particularly, the respondent Nos. 7, in alleged collusion with the District Scrutiny Committee, forwarded the names of Md. Azmal Hussain (respondent No. 8), Rakibor Hussain (respondent No. 9) and one Mukunda Sarma to the State Scrutiny Committee for provincialization of their services, excluding the petitioner. Consequently, the respondent authorities illegally granted the benefit of provincialisation to said persons, who are junior to the pet