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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. Unni Krishnan Nair, J
SRI BHUPEN KULI – Appellant
Versus
THE STATE OF ASSAM AND ORS – Respondent
WP(C)/2574/2025
| Table of Content |
|---|
| 1. court expresses a tentative view regarding the incorrect priority in provincialisation of services. (Para 1 , 2) |
| 2. application of section 3(11) of the assam education act, 2017 to determine valid provincialisation based on subject teaching. (Para 3 , 4) |
| 3. procedural direction for filing affidavits and adjournment of the matter. (Para 5 , 6 , 7) |
GAHC010098602025
ORDER
Heard the learned counsel for the petitioner at some length.
2. This Court, on a perusal of the materials coming on record, is of the tentative view that the services of the respondent No. 7 could not have been so provincialised before provincialising the services of the petitioner.
3. The Secretary to the Government of Assam, Department of School Education, vide an order dated 14.10.2023 had already determined that the respondent No. 6 was teaching the subject of Assamese; one Achyut Das was teaching the subject of Maths & Science; the respondent No. 7 was found to be teaching the subject of Hindi and the petitioner, herein, was teaching the subject of Social Studies.
4. Accordingly, applying the provisions of Section 3(11) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, this Court is of the tentative view that services of Kusha Saikia, as a Language Teacher, Achyut Das as Maths & Science Teacher and the petitioner, herein, as Social Studies Teacher, were required to be provincialised. The provincialisation of the services of the respondent No. 7, is being found to have been so effected in violation of the provisions of the Act of 2017.
5. However, considering the prayer made by the learned counsels for the parties to grant them a final opportunity to bring on record their respective stand by way of filing an affidavit, the matter stands adjourned till 06.05.2026.
6. The affidavits on behalf of the respondents be invariably filed on or before 05.05.2026. Failing which, this Court would proceed to confirm the tentative opinion that has been drawn basing on the materials already available on record, as on date.
7. Registry to list this matter again on 06.05.2026 for further hearing.
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