Disposed¶33

Habia Khatun and Ors. v. the State of Assam and Ors.

Gauhati HC5 Nov 2025WP(C)/4940/2025

Case brief

AI extract

What is this about?

Provincialisation of teachers; Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 as amended in 2018; District Scrutiny Committee recommendation 16.02.2019; State Level Scrutiny Committee appeal 17.12.2021; Noser Mondal Memorial High Madrassa, Dhubri; Hindi/Music/Craft teachers; speaking order; Article 226 writ petition; Gauhati High Court WP(C)/4940/2025; disposed of with direction to respondent Nos. 2 & 3.

What did the court decide?

Direction to respondent Nos. 2 & 3 (Commissioner & Secretary, Secondary Education Department, and Director of Secondary Education, Assam) to dispose of the petitioners' appeal dated 17.12.2021 by passing a speaking order within 2 months; petitioners to place certified copy before them within one week. ¶33

Habia Khatun and Ors. Vs the State of Assam and Ors. — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities should be directed to provincialise the services of the petitioners as Assistant Teacher Hindi, A/T Music and A/T Craft at Noser Mondal Memorial High Madrassa, Dhubri, by placing the District Scrutiny Committee's 2019 recommendation before the State Level Scrutiny Committee, Assam. +1 more

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Ratio / Principle

The Court disposed of the petition by directing respondent Nos. 2 & 3 to dispose of the appeal filed by the petitioners on 17.12.2021 by passing a speaking order.

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Key takeaways

The disposal exercise is to be carried out within a period of 2 months from the date of receipt of the certified copy of the order.ratio¶31
The petitioners shall obtain a certified copy of the order and place the same before respondent Nos. 2 & 3 within a period of one week.ratio¶32

Detailed headnote1 paragraphs

Gauhati High Court (Robin Phukan, J.), Order dated 06.11.2025 in WP(C)/4940/2025: Habia Khatun and others, serving as Hindi, Music and Craft teachers at Noser Mondal Memorial High Madrassa, Dhubri since 2001/2005, sought provincialisation of their services under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (as amended in 2018), complaining that although the District Scrutiny Committee's recommendation of 16.02.2019 covered the other teaching and non-teaching staff as Tutors, their names were omitted, and their appeal dated 17.12.2021 to the State Level Scrutiny Committee received no response. The Standing Counsel for the Secondary Education Department submitted that provincialisation of the petitioners was not permissible under the Act but raised no objection to disposal by way of a direction. The Court directed respondent Nos. 2 & 3 to dispose of the appeal dated 17.12.2021 by passing a speaking order within two months, and the petition stood disposed of.

Page No.# 1/4

GAHC010182392025

2025:GAU-AS:14932

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

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Case No. : WP(C)/4940/2025

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HABIA KHATUN AND ORS W/O- JOYNAL ABEDIN

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2: AHMED ALI MONDAL S/O-IMAN ALI MONDAL

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3: ALEYA PARVIN MONDAL D/O- IMAN ALI MONDAL ALL ARE R/O- VILL- MAYER CHAR PT- VII P.O- NAYER ALGA P.S- BILASIPARA DIST.- DHUBRI ASSAM PIN-78334

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VERSUS

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THE STATE OF ASSAM AND ORS

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REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06, ASSAM

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 ASSAM

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

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4:THE CHAIRMAN

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Page No.# 2/4

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STATE LEVEL SCRUTINY COMMITTEE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT . OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 5:THE MEMBER SECRETARY STATE LEVEL SCRUTINY COMMITTEE ASSAM DISPUR GUWAHATI-06 6:THE CHAIRMAN DISTRICT LEVEL SCRUTINY COMMITTEE REP. BY THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN-783301 7:THE MEMBER SECRETARY DISTRICT LEVEL SCRUTINY COMMITTEE REP. BY THE INSPECTOR OF SCHOOLS DDC DHUBRI PIN-78330

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Advocate for the Petitioner : A A AHMED, MR K ISLAM,MD. I H KHAN,MS. N NASRIN,MR. M U MONDAL

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

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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06.11.2025

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Heard Mr. M. U. Mondal, learned counsel for the petitioners and Ms. P. Das, learned Standing Counsel for the respondents in Secondary Education Department. Also heard Ms. D. D. Barman, learned Additional Senior Government Advocate for the respondent Nos. 1& 6.

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Page No.# 3/4

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2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities, more particularly to respondent No. 1, to provincialise the services of the petitioners, by placing the recommendation of the District Scrutiny Committee of 2019 before the State Level Scrutiny Committee, Assam, for the purpose of provincialisation of services of the petitioners as Assistant Teacher Hindi, A/T Music and A/T Craft, at Noser Mondal Memorial High Madrassa, District-Dhubri.

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3. Mr. Mondal, learned counsel for the petitioners submits that the petitioner Nos. 1, 2 & 3 have been serving as Hindi Teacher, Music Teacher and Craft Teacher, respectively, at Noser Mondal Memorial High Madrassa, Dhubri, w.e.f. 08.08.2001, 01.01.2005 and 02.01.2005, respectively.

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3.1 Mr. Mondal, further submits that the petitioners were eligible and qualified at the time of their appointment, under the provision of the Act and Rules and vide recommendation of the District Scrutiny Committee, dated 16.02.2019, the names of all the Teaching and Non-teaching staff of the Madrassa have been recommended for provincialisation as Tutors. But, the name of the petitioners have not yet been recommended and being aggrieved, the petitioners had preferred an appeal before the State Level Scrutiny Committee on 17.12.2021, but the same failed to evoke any response from the respondent authorities and as such, Mr. Mondal submits that this petition may be disposed of by directing the State Level Scrutiny Committee to dispose of the appeal filed by the petitioners, dated 17.12.2021.

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4. Ms. P. Das, learned Standing Counsel for the respondents in Secondary Education Department submits that she has received instruction and as per the said instruction, the provincialisation of service of the petitioners is not permissible under the Assam Education (Provincialisation of Services of Teachers

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Page No.# 4/4

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and Re-Organisation of Educational Institutions) Act, 2017, as amended in 2018. However, she submits that she has no objection if this writ petition is disposed of by directing the respondent Nos. 2 & 3 to dispose of the representation, dated 17.12.2021, by passing one speaking order.

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5. Accordingly, taking note of the submissions of the learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent Nos. 2 & 3 to dispose of the appeal that was filed by the petitioners on 17.12.2021, by passing one speaking order.

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6. The aforementioned exercise has to be carried out within a period of 2 months from the date of receipt of certified copy of this order.

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7. The petitioners shall obtain a certified copy of this order and place the same before the respondent Nos. 2 & 3, within a period of one week from today.

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8. In terms of the above, this petition stands disposed of.

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JUDGE

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Comparing Assistant

Habia Khatun and Ors. v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Habia Khatun and Ors. v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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