Rabin Borah Vs Narayan Konwar, IAS and Anr. — Contempt of Court | Gauhati HC (2026)

Rabin Borah Vs Narayan Konwar, IAS and Anr. — Contempt of Court | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Contempt application closed, with liberty to the petitioner to approach the Court again in any subsequent cause of action; petition disposed of.

Issue for consideration

Whether the judgment and order dated 10.01.2025 passed by this Court in writ petition no. 413/2024 (directing the Secretary, School Education Department and the State Level Scrutiny Committee to consider the petitioner's appeal and pass a speaking order within 3 months) has been complied with.

Court's answer

Pursuant to the Court's earlier direction, a speaking order dated 27.04.2026 was passed by the Director of Elementary Education, recording that the petitioner was not recommended by DSC (District Scrutiny Committee), Dhemaji as per Clause 13(6) of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions), 2017.

Ratio / Principle

The speaking order records that the District Scrutiny Committee, Dhemaji recommended three teachers against three subjects who were provincialized as Tutor, and that the enrollment position of the school is not eligible for recommending any other additional Tutor.

Key takeaways

In consequence of the speaking order, the petitioner's claim for provincializing his service was rejected.ratio¶¶20
In view of the speaking order having been passed, the contempt application stands closed, with liberty to the petitioner to approach the Court again in any subsequent cause of action.ratio¶¶21

Detailed headnote1 paragraphs

Gauhati High Court, Cont.Cas(C)/308/2025 (order dated 11.05.2026, Mrs. Justice Shamima Jahan): Contempt application under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India and Contempt of Courts Rules, 1977, alleging non-compliance of the judgment and order dated 10.01.2025 in writ petition no. 413/2024, by which the Secretary to the Government of Assam, Department of School Education and the State Level Scrutiny Committee were directed to consider the petitioner's appeal and pass a speaking order within 3 months. After the petitioner's representation dated 21.01.2025, counsel for the respondents produced a speaking order dated 27.04.2026 passed by the Director of Elementary Education, recording that the petitioner was not recommended by DSC (District Scrutiny Committee), Dhemaji as per Clause 13(6) of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions), 2017, that three teachers recommended against three subjects were provincialized as Tutor, and that the enrollment position of the school was not eligible for recommending any other additional Tutor; the petitioner's claim for provincializing his service thus stood rejected. The Court closed the contempt application with liberty to the petitioner to approach it again in any subsequent cause of action and disposed of the petition.

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GAHC010107642025

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

Case No. : Cont.Cas(C)/308/2025

RABIN BORAH

S/O LATE BHUGESWAR BORAH, R/O VILL- NILAKH SUNDARPUR, P.O.NILAKH CHARIALI, P.S.- SILAPATHER, DIST- DHEMAJI, ASSAM-787110

VERSUS

NARAYAN KONWAR, IAS AND ANR SECRETARY, SCHOOL EDUCATION DEPARTMENT, GOVT. OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI-6

2:SMT. SURANJANA SENAPATI ACS DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-1

Advocate for the Petitioner : MR. S ROY, MR. M H LASKAR

Advocate for the Respondent : MS. S CHUTIA (R1-2), MR. P K BORAH(R-2),MR S M T CHISTIE (R-2),MS. S CHUTIA (R-1),MR. N J KHATANIAR (R-1),MR S M T CHISTIE (R-1,2),MR. D SAIKIA (R-1,2)

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 11.05.2026

Heard Mr. M.H. Laskar, learned Counsel for the petitioner and Ms. S. Chutia, learned Counsel for respondent no. 1 and 2.

By this contempt application filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India and Contempt of Courts Rules, 1977, the petitioner herein has raised the issue of non compliance of the judgment and order dated 10.01.2025 passed by this Court in writ petition no. 413/2024. By the said order, this Court had directed the Secretary to the Government of Assam, Department of School Education and the State Level Scrutiny Committee to consider the appeal filed by the petitioner and to pass a speaking order within a period of 3 months from the date of receipt of the representation. Thereafter on 21.01.2025, the petitioner made a representation before the Secretary to the Government of Assam, Department of School Education reiterating his prayer for provincializing his service. When the matter is taken up today, the learned Counsel for the respondent Ms. S. Chutia placed an order dated 27.04.2026 by which the Director of Elementary Education passed the speaking order to the effect that the petitioner was not recommended by DSC, (District Scrutiny Committee) Dhemaji as per the Clause 13(6) of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions), 2017 and that the District Scrutiny Committee, Dhemaji recommended three numbers of teachers against three subjects and said three numbers of teachers were provincialized as Tutor under the said act. It is also stipulated that enrollment position of the school is not eligible for recommending any other additional Tutor. As such, the claim of the

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petitioner for provincializing his service was rejected.

In view of the same, this contempt application stands closed with the further liberty that petitioner may approach this Court again in any subsequent cause of action.

Petition is disposed of.

JUDGE

Comparing Assistant