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GAHC010147652021

2026:GAU-AS:6535

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4864/2021

ABDUL MALEK

S/O ABU TAHER MUNCHI,

VILLAGE RANGESWARI, PO NAGARBERA, DIST KAMRUP , ASSAM 781127

VERSUS

THE STATE OF ASSAM AND 3 ORS.

THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY

EDUCATION, DISPUR GUWAHATI 06

2:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI 19

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

KAMRUP DIST KAMRUP

ASSAM

4:THE DISTRICT SCRUTINY COMMITTEE

KAMRUP

REPRESENTED BY ITS CHAIRPERSON CUM DEPUTY COMMISSIONER

KAMRUP

ASSA

Advocate for the Petitioner : MR M H AHMED, MS. N SULTANA

Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU

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BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

Date on which judgment is reserved : NA

Date of pronouncement of judgment : 12.05.2026

Whether the pronouncement is of

the operative of the judgment? : No

Whether the full judgment has been

pronounced? : Yes

JUDGEMENT (ORAL)

Heard Mr. M. H. Ahmed, learned counsel for the petitioner. Also heard Mr.

A. Phukan, learned Standing Counsel, Elementary Education Department for

respondent Nos. 1 to 4.

2. By filing this writ petition, the petitioner has prayed for a direction to the

respondent authorities to provincialize his service as Arabic Teacher at

Rangeswari M.E. Madrassa with all service benefits with effect from the date on

which the services of the other employees of the said school have been

provincialized in terms of Section 3(1)(xi) of the Assam Education

(Provincialization of Services of Teachers and Re-organization of Educational

Institutions) Act, 2017 (hereinafter referred to as “Assam Education

Provincialization Act, 2017”) and the Schedule appended to the Right of Children

to Free and Compulsory Education Act, 2009.

3. The facts of the case, in brief, are that the petitioner was appointed as

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Arabic Teacher in the year 1985 by the Secretary of the Managing Committee of

Rangeswari M.E. Madrassa in which posthe joined on 15.11.1986 and since

then, he has been serving continuously in the said school without any salary.

The Rangeswari M.E. Madrassa is captured in Data Information System of

Education (DISE)being DISE code No. 18060204004 from the academic session

2008-2009, wherein the name of the petitioner is entered as Arabic Teacher at

Sl. No. 3.

4. Vide order dated 07.12.1999, the District Elementary Education Officer,

Kamrup approved the resolution of the School Management Committee for

appointment of 10 (ten) employees, including the petitioner. The District

Scrutiny Committee constituted under Section 10 of the Assam Venture

Educational Institutions (Provincialization of Services) Act, 2011 (hereinafter

referred to as “Act of 2011”) (now repealed) had recommended provincialization

of the said school and services of the staff and teachers including the petitioner

as Arabic Teacher. However, while provincializing several other M.E. Madrassas

and the services of their staff members and teachers including other Arabic

Teachers, the respondent authorities did not provincialize the service of the

petitioner. The petitioner claims that he possesses the required qualification for

provincialization under Section 3(1)(xi) of the Assam Education Provincialization

Act, 2017 as language teacher in the said Rangeswari M.E. Madrassa.

5. Thereafter, the District Scrutiny Committee, Kamrup had recommended the

names of 4 (four) employees, including the petitioner, for provincialization of

their services considering the enrolment figures for the years 2014, 2015 &

2016, being 94, 102 & 98, respectively, wherien the petitioner taught Arabic

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subject. Despite the eligibility of the petitioner for provincialization of his service,

by order dated 04.02.2021, the respondent authorities provincialized the

services of one Mr. Nasrul Islam, Headmaster; Abdul Mazid, Assistant Teacher;

and Akram Hussain, Science Teacher, as tutors, but did not provincialize the

service of the p