Balen Engti and 60 Ors. Vs the State of Assam and 4 Ors.

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GAHC010129982025

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2025:GAU-AS:14846

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

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Case No. : WP(C)/3477/2025

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BALEN ENGTI AND 60 ORS. S/O- KAMESWAR ENGTI, R/O- CHANUABORI, P/O- AZARBARI, DIST.MORIGAON, ASSAM.

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2: HARI PAD NATH S/O- SIDHESWAR NATH R/O- RAJAGAON P/O- MORIGAON DIST.- MORIGAON ASSAM.

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3: SANGITA DAS W/O- JAYANTA DAS R/O- 45 MANIPUR OUJARI P/O- MANIPUR DIST.- MORIGAON ASSAM.

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4: BHAGYA LAKHI LAHKAR S/O- LALIT CHANDRA BORDOLOI R/O- BECHAMARIDUBA P/O- PHALIHAMARI PATHER DIST.- MORIGAON ASSAM. 5: PARBIN THAKUR C/O- BHARAT THAKUR R/O- BHOMURAGURI P/O- BHOMURAGURI DIST.- MORIGAON ASSAM.

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6: PREMCHARAN BAIRAGI S/O-SADHUCHRAN BAIRAGI

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R/O-CHANAKA P/O-RAJAMAYONG DIST.- MORIGAON ASSAM. 7: PRITHU BAHADUR LAMA C/O- AMAR BAHADUR LAMA R/O- RAJAMAYONG P/O- MAYOUNG DIST.- MORIGAON ASSAM. 8: NIPAN DEKA S/O- ATUL DEKA R/O LAWBHURUNGA P/O- BARANGANI DIST.- MORIGAON ASSAM. 9: SIRAJUL ISLAM W/O- MUSLEHUDIN ISLAM R/O- JANPAR P/O- AHATGURI DIST.- MORIGAON ASSAM. 10: DHANTI DEKA S/O- ANCHER DEKA R/O-TAPTOLA P/O- TAPTOLA DIST.- MORIGAON ASSAM. 11: HOBIBUR RAHMAN S/O- ABDUS SADEQUE R/O- BOWALGURI P/O- BOWALGURI DIST.- MORIGAON ASSAM 12: NAZRUL ISLAM C/O- LATE EUNUS ALI R/O- KUPATIMARI P/O- BHURAGAON DIST.- MORIGAON ASSAM. 13: GITARANI SARKAR W/O- CHANDRA SARKAR R/O- BARANGURIBILL P/O- DUNGERPAR

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DIST.- MORIGAON ASSAM.

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14: CHITRA DEKA W/O- LATE LALIT DEKA R/O-DAMAL P/O- DAMAL DIST.- MORIGAON ASSAM.

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15: JAMILA KHATUN W/O- MUSLEMUDIN R/O- TUMAKABURI P/O- ROWMARIBILL DIST.- MORIGAON ASSAM. 16: HABIBA AHMED C/O- EUNUS ALI R/O- DATIALBORI P/O- DATIALBORI DIST.- MORIGAON ASSAM.

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17: SHARIFA BEGUN W/O- ALIM UDDIN R/O- MAH ARA BILL P/O- GORIMARI DIST.- MORIGAON ASSAM.

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18: DEBABALA BISWAS W/O- SWARUP SARKAR R/O- 2 NO BATALIMARI P/O- SONDUBA DIST.- MORIGAON ASSAM.

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19: NIROLA KHATUN W/O- ABDUL HYE R/O- MIKIRGAON P/O- KATHANI DIST.- MORIGAON ASSAM.

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20: PARESH MANDAL C/O- MAHADEV MANDAL R/O- TELELIGURI P/S- RAJAMAYONG

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DIST.- MORIGAON ASSAM. 21: SUKUMAR MANDAL C/O- KHETROMOHAN MANDAL R/O- PAVAKATI P/O- BURGAON DIST.- MORIGAON ASSAM. 22: DIBAKAR NATH S/O- BISHNURAM NATH R/O-BARASHIBANDHA P/O- BARIBANDHA DIST.- MORIGAON ASSAM. 23: MD NAZIM UDDIN CHOUDHURY S/O- AHMED ALI R/O- BALIDUNGA P/O- BHURAGAON DIST.- MORIGAON ASSAM. 24: ABDUS SALAM S/O- ABDUL RASHID R/O- LENGRIBORI P/O- SAHARIGAON DIST.- MORIGAON ASSAM. 25: AFRUJA BEGUM W/O- HANIF UDDIN AHMED R/O-KAPAUJARI P/O-KARATIPAM DIST.- MORIGAON ASSAM. 26: MD JANAL ABEDIN S/O- NAZIM UDDIN R/O- BARKURANI P/O- GAGOLMARI DIST.- MORIGAON ASSAM. 27: MUKHSIDHUL ISLAM S/O- ABDUL QUDDUS R/O- DATIALBORI P/O- DATIALBORI

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DIST.- MORIGAON ASSAM. 28: DILUWAR HUSSAIN S/O- HAFIZ UDDIN R/O- HAHCHARABORI P/O- BHELOGURI DIST.- MORIGAON ASSAM. 29: JUGALCHANDRA SARKAR S/O- FAKIRCHAN SARKAR R/O- DIGHALIATI P/O- BHURAGAON DIST.- MORIGAON ASSAM. 30: MUSHIDA BEGUM W/O- SHAH ALAM R/O- BORBOROI P/O- BELTOLA DIST.- MORIGAON ASSAM.

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31: PURYAPRABA BISWAS S/O- JITEN CHANDRA BISWAS R/O- BHUKUAMARI GAON DIST.- MORIGAON ASSAM. 32: FATEMA KHATUN W/O- EUSHUF ALI R/O- KALMOUBARI NAMABASTI P/O- SUKDOL SARUBORI DIST.- MORIGAON ASSAM. 33: MISS SWARNAMONI DAS W/O- HARAKANTA DAS R/O- KAHUA ATI P/O- BORCHILA DIST.- MORIGAON ASSAM. 34: JUNTI DEKA C/O- NIREN DEKA R/O- NELLIE P/O- NELLIE

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DIST.- MORIGAON ASSAM. 35: PANKAJ KUMAR DEKA S/O- SURENDRA DEKA R/O- BONGALBORI DIST.- MORIGAON ASSAM. 36: AKANTI BHUYAN S/O- KIRAN BORDOLOI R/O- SUKDOL BORBORI P/O- SUKDOL SARUBORI DIST.- MORIGAON ASSAM. 37: ABDUS SALAM S/O- RASTOM ALI R/O- BHUYABORI PATHER P/O- CHAITANTOLI DIST.- MORIGAON ASSAM. 38: FATEMA KHATUN W/O- KUDRET ALI R/O- BASUNDHARA P/O- SILCHANG DIST.- MORIGAON ASSAM. 39: FATIMA KHATUN W/O- HAJRAT ALI R/O- DEWAGURI P/O-DEWAGURI DIST.- MORIGAON ASSAM. 40: MD NURUL HOQUE CHOUWDHURY S/O- LATE ABDUL RAHMAN R/O- GOROIMARI DIST.- MORIGAON ASSAM. 41: NITU PRABAN NATH S/O- NITUL KUMAR NATH R/O- KUMURAGURI P/O- KUMURAGURI DIST.- MORIGAON ASSAM

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42: RIJU KUMAR DEVI W/O- PRAFULLA CHANDRA NATH R/O- HABIBARANGA BARI P/O- HABIBARANGA BARI DIST.- MORIGAON ASSAM. 43: TEEKENDRA KUMAR NATH S/O- LATE PITRAM NATH R/O- BAGARIBORI P/O- KUMURAGURI DIST.- MORIGAON ASSAM. 44: NARAYAN CHANDRA NATH S/O- KAMALCHANDRA NATH R/O- PATSHAL P/O- MISSAMARI DIST.- SONITPUR ASSAM. 45: MANTU PATOR S/O- JHULESWAR PATOR R/O- PATIDOYA P/O- PATIDOYA DIST.- MORIGAON ASSAM. 46: GUNAKANTA BORDOLOI S/O- LATE BAKACHANDRA BORDOLOI R/O- SUKHANAGUG P/O- BAGHARA DIST.- MORIGAON ASSAM. 47: NIVARANI RANGHANG S/O- PRADIP RABHA R/O- GUBALI GAON P/O- DHARANTUL DIST.- MORIGAON ASSAM. 48: RUNTI SHARMA S/O- TANKESWAR DEV SARMAH R/O- MODUPUR P/O- JAGIBAKHATGAON DIST.- MORIGAON ASSAM.

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49: PRANITIYA DEVI S/O- JUGALCHANDRA BORDOLOI R/O- KUMOIKACHARIGAON P/O- JAGIBHAKATGAON DIST.- MORIGAON ASSAM. 50: MRIDUL CH. DEKA S/O- GAMDHIR DEKA R/O- GARMARI P/O- SARUBORI DIST.- MORIGAON ASSAM. 51: SAFIQUL ISLAM S/O- MD ABDUL HEKIM R/O- TITATALA P/O- BORIBONDHA DIST.- MORIGAON ASSAM. 52: SWARNALATA BISWAS S/O- NAREN SARKAR R/O- LEEHERIBORI P/O- BURGAON DIST.- MORIGAON ASSAM. 53: AYESHA JULKA W/O- ABDUL MALEK R/O- PALAHJURI P/O- GARUKHUTI DIST.- MORIGAON ASSAM. 54: PRAMILA SANNYASI S/O- PRASAD SANNYASI R/O- 1 NO BURGAON P/O-BURGAON DIST.- MORIGAON ASSAM 55: TITIKA RAY W/O- PADMA DEORI R/O- SISSIMUKH DEORIGAON DIST.- DHEMAJI ASSAM.

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56: NILIMA ROY S/O- ASWINI RAM ROY R/O- BATARDOL P/O- CHAPAR DIST.- DHUBRI ASSAM. 57: NANDITA CHOUDHURY S/O- SASANKA CHOUDHURY R/O- NORTH BAREGARH P/O- AMBARI DIST.- BONGAIGAON ASSAM. 58: KHAGESWARI BALA RAY S/O- SAHADEV RAY R/O- BORDHUP P/O- HAPACHARA DIST.- BONGAIGAON ASSAM. 59: JADUNANDA NATH S/O- DHIRENDRA CHANDRA NATH R/O- BORO BAGUAN P/O- BAGUAN DIST.- GOALPARA ASSAM. 60: PARIMAL KANTA BARMAN S/O- HALADHAR BARMAN R/O- MARICH BARI P/O- DHUMER GHAT DIST.- GOALPARA ASSAM. 61: SALIM UDDIN AHMED S/O- SORIF UDDIN R/O- BAGARIBARI P/O- NAGABANDHA DIST.- MORIGAON ASSAM VERSUS

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THE STATE OF ASSAM AND 4 ORS

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TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT,

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DISPUR, GUWAHATI-6.

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2:THE EDUCATION DIRECTOR ELEMENTARY DEPARTMENT KAHILIPARA GUWAHATI-1 ASSAM. 3:THE DISTRICT COMMISSIONER DISTRICT- MORIGAON ASSAM. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEO) DISTRICT- MORIGAON ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) DISTRICT- MORIGAON ASSAM

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Advocate for the Petitioner : MR. M H LASKAR, MS. A SULTANA,M. HOSSAIN,MR. S ROY

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

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 03.11.2025

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Heard Mr. M. H. Laskar, learned counsel appearing for the writ petitioners. Also heard Mr. B. Talukdar, learned Standing Counsel, Elementary Education, for the respondent Nos. 1, 2, 4 & 5, and Ms. S. Bora, learned counsel appearing for the State respondent No. 3.

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2. By way of this instant writ petition under Article 226 of the Constitution of India, the writ petitioners are seeking, inter alia, provincialisation of service as Hindi teachers of Upper Primary/M.E. school in their respective schools in accordance with the provisions of

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the Assam Education (Provincialisation of Services of Teachers & ReOrganization of Educational Institutions) Act, 2017 (hereinafter referred to as the “Assam Education Act, 2017”) and the rules framed thereunder.

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3. The brief facts of the case are that the writ petitioners were appointed as Hindi teachers in various Upper Primary/M.E. schools, which were established as venture schools in the Morigaon district of Assam. It is the further case of the writ petitioners that they were serving for more than 20 years, and some of the writ petitioners are on the verge of retirement and that they have been working without any fixed pay with the sole hope that their services would be provincialized as per the government in due recognition of their hard labour without remaining remuneration. It is the further case of the writ petitioners that they possess the required qualification and are entitled to get the benefits of provincialisation and that “Hindi Language” is a compulsory subject that is taught in all upper primary/M.E. schools in the State of Assam. It is the further case of the writ petitioners that recently the schools of the writ petitioners, along with teaching staffs, have been provincialized under the Assam Education Act, 2017; however, their services have not been provincialized. Situated thus, the present writ petition has been filed.

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4. It is submitted at the bar that a similar issue involved in the instant writ petition has already been adjudicated by this court in the case of Alokesh Chandra Ray and Ors. v. The State of Assam and Ors ., in WP(C) No. 3597/2021 , wherein the coordinate bench of

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this court after hearing the matter at length was pleased to dispose of the said writ petition with a direction to the respondent authorities to reconsider the case of the writ petitioners in terms of the provisions of Section 3 (1) (xi) of the Assam Education Act, 2017, and further directed to file their individual representation before the appropriate authority within a period of 20 days from the date of passing of the said order. It is further submitted at the bar that the instant writ petition may be similarly closed in the line of the decision passed in WP(C) No. 3597/2021 .

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5. Having heard and perused the material available on record, it appears that this court, in the above referred case of the coordinate bench wherein in the context of similar facts and circumstances, was pleased to direct the respondent authorities to consider the case of the writ petitioners therein for provincialisation in terms of Section 3 (1) (xi) of the Assam Education Act, 2017.

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6. Relevant paragraphs of the aforesaid judgment & order reads as

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under: -

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“ 14. The grievances of the petitioners are for provincialization of their services as a Hindi (Language) teachers in their provincialized respective Upper Primary schools in terms of the Assam Education Provincialization Act, 2017 as well as the provisions of the Right of Children to Free and Compulsory Education Act, 2009. Admittedly, the petitioners are Hindi (Language) teachers who have been appointed in the various schools in the districts of Dhubri, Goalpara, Bongaigaon, Kokrajhar, Kamrup, Chirang, Nalbari and Barpeta. The petitioners’ appointment ranges from 1983 to 2010. Records reveal that the schools where the petitioners have been serving are provincialized.

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15. Having considered the specific prayer of the petitioners for a

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direction to the respondent authorities to provincialised their services in terms of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017 as well as the Schedule appended to the Right of Children to Free and Compulsory Education Act, 2009, I deem it appropriate to refer to the said provisions, which are reproduced herein below:-

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‘ 3. Eligibility criteria for selection of educational institution for provincialisation of services of teachers/tutors :- (1) Subject to the provisions of Article 30 of the Constitution of India, the following categories of Venture Educational Institutions shall be eligible for being considered for provincialisation of the services of their teachers and tutors:-

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(xi) In case of Venture Upper Primary School there shall be minimum three teachers or tutors at least one teacher each for (a) Science and Mathematics (b) Social Studies and (c) Languages: Provided that for additional posts it shall be considered in accordance with the norms and standard stipulated in the Schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009)’

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16. Bare perusal of the above provisions shows that for Venture Upper Primary School there shall be a minimum of three teachers or tutors at least one teacher each for Science and Mathematics, Social Studies and Languages and for additional posts it shall be considered in accordance with the norms and standards stipulated in the Schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009. Thus, it is clear that for each Venture Upper Primary School there shall be minimum three teachers or tutors at least one teacher each for Science and Mathematics, Social Studies and Languages.

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17. On consideration of the above provision, it is seen that there may a scope for additional teachers. However, such additional posts shall be considered in accordance with the norms and standard as per the Right of Children to Free and Compulsory Education Act, 2009.

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18. Having considered that the provisions of Right of Children to Free and Compulsory Education Act, 2009, is not an issue to be considered, this Court refrains from referring the said provisions as the same would be of no avail.

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19. It is stated at the Bar that the post of Language teachers have already been filled up in the venture upper primary schools, there may not be any possibility of appointing more language teachers. However, as noted above, the provisions of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017, provides for a scope of additional post as the same provides that there shall be a minimum three teachers or tutors at least one teacher each for each of the subject and out of the three subjects including the languages, I am of the view that the respondent authorities may reconsider the case of the petitioners, as the provisions provides for a scope to provincialized additional teachers as per the standards stipulated in the schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009, as it appears that no consideration has been made in that direction.

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20. Having considered above, I am of the view that the respondent authorities may reconsider the case of the petitioners taking into account the provisions of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017. However, such view should not be construed as a mandamus to provincialised the services of the petitioners.

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21. In view of discussion and observations made herein above, the present writ petitions are disposed of with a direction to the respondent authorities to reconsider the case of the petitioners in terms of the provisions of Section 3(1) (xi) of the Assam Education Provincialization Act, 2017.

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22. The petitioners are directed to file their individual representation before the appropriate authority within a period of 20(twenty) days from today. On receipt of the representation that may be filed by the petitioners as directed herein above, the respondent authorities shall consider the case of the petitioners individually within a period of 4(four) months thereafter.

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23. In terms of above directions and observations, the present writ petitions are disposed of. No order as to costs.”

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7. It appears that pursuant to the aforesaid decision of this court, the coordinate bench of this court in the case of Monowara Khatun and Ors. v. The State of Assam and Ors. , in WP(C) No. 5072/2021 along with other linked cases, was pleased to dispose of

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the above referred writ petition by judgment & order dated 22.10.2025 in the line of Alokesh Chandra Ray (Supra) . These aforesaid two judgments referred above, i.e., the case of Alokesh Chandra Ray (Supra) and Monowara Khatun (supra) squarely is applicable to the facts and circumstances of the present case.

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8. In view of the above, this court deems it appropriate in the interest of justice to dispose of the instant writ petition similarly as that Alokesh Chandra Ray (Supra) and Monowara Khatun (supra), by directing the writ petitioners to file their individual representation before the Director of Elementary Education, Government of Assam, within a period of 15 (fifteen) days from today, and the said authority upon receipt of such representations shall consider the same by taking into account the provision of Section 3 (1) (xi) of the Assam Education Act, 2017, and dispose of the representations thereafter within a period of 4 (four) months from the date of receipt of the said representations.

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9. Ordered accordingly.

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10. With the above observation and directions, the writ petition accordingly stands disposed of.

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Comparing Assistant

Balen Engti and 60 Ors. v. the State of Assam and 4 Ors.

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Balen Engti and 60 Ors. v. the State of Assam and 4 Ors.

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