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GAHC010093262026

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2611/2026

MD. HIFJUR RAHMAN

S/O MD. IDRISH ALI, R/O BECHAMARI, P.O.- BECHAMARI, P.S.- DHING,

DIST- NAGAON, ASSAM

VERSUS

STATE OF ASSAM AND 2 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION,

DISPUR, GUWAHATI- 781006

2:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-781019

3:THE INSPECTOR OF SCHOOLS

NAGAON DISTRICT CIRCLE

NAGAON

ASSA

Advocate for the Petitioner : MR. D P BORAH, MR U GHOSH

Advocate for the Respondent : SC, SEC. EDU.,

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BEFORE

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

20.05.2026

Date :

Heard Mr. D.P. Borah, learned Counsel for the petitioner and Ms. P. Das,

learned Standing Counsel for Secondary Education.

By this application filed under Article 226 of the Constitution of India, the

petitioner has prayed for setting aside of Clause No.8 of the order dated

27.12.2023, by which it was ordered that seniority of the petitioner would be

determined from the date of reporting in the school where he is transferred

from his earlier school.

Mr. D.P. Borah, learned Counsel for the petitioner submits that the said

clause is against the law laid down in said Section 11 of Assam Elementary and

Secondary School Teachers ( Regulation of Posting and Transfer Act), 2020

which provides that transfer of a Teacher at his request or otherwise shall not in

any way effect his original seniority in the respective cadre. He has also placed a

judgment of this Court in writ petition no. 2646/2024 by which a similar Clause

No.8 in respect of another employee was set aside and quashed and the

seniority was directed to be maintained as per Section 11 of the said 2020 Act.

Ms. P. Das, learned Standing Counsel for Secondary Education, however,

submits that she may be given some time to obtain instructions as regards the

law point involved that whether a transferred teacher would get his seniority as

per his seniority in the respective cadre or from the date of reporting to his new

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place.

List this matter again on 03.06.2026.

JUDGE

Comparing Assistant