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Nripen Kumar Mili v. the State of Assam and 7 Ors.

Gauhati HC7 Jun 2026WP(C)/1844/2021

Case brief

AI extract

What is this about?

Provincialisation of teachers Assam; Karkichuk Janajati M.E School Majuli; recognition order dated 14.02.2006 after cut-off date 01.01.2006; Section 3(1)(i), Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017; school held ineligible for provincialisation; writ petition closed with liberty to establish eligibility; affidavit of Director of Elementary Education Assam; Gauhati High Court; WP(C)/1844/2021; Justice N. Unni Krishnan Nair; petitioner Nripen Kumar Mili.

What did the court decide?

Writ Petition closed without consideration of the claim; liberty granted to the Petitioner to institute appropriate proceedings to establish the eligibility of Karkichuk Janajati M.E School under the provisions of the Act of 2017 for provincialisation of the services of its Teachers.

Nripen Kumar Mili Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner's claim for provincialisation of his services as a teacher in Karkichuk Janajati M.E School under the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017 warrants consideration, given that the School was recognised after the cut-off date of 01.01.2006.

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Court's answer

Karkichuk Janajati M.E School was granted recognition vide order dated 14.02.2006, i.e., after the cut-off date of 01.01.2006 prescribed under Section 3(1)(i) of the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017, and was accordingly held ineligible for provincialisation of the services of its employees; this position, placed on record through the affidavit of the Director of Elementary Education, was not disputed by the Petitioner's counsel.

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Ratio / Principle

In view of the School's recognition after the cut-off date of 01.01.2006, the Petitioner's claim for provincialisation of his services in Karkichuk Janajati M.E School would not mandate consideration.

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Key takeaways

The present Writ Petition stands closed.ratio¶37
Liberty is granted to the Petitioner to institute appropriate proceedings to establish the eligibility of Karkichuk Janajati M.E School under the provisions of the Act of 2017 for having the services of the Teachers working in the School provincialised.ratio¶37

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/1844/2021 (order dated 08.06.2026, N. Unni Krishnan Nair, J.): The Petitioner, a teacher of Karkichuk Janajati M.E School, sought provincialisation of his services under the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017. Relying on the affidavit of the Director of Elementary Education, Assam, the Respondent authorities submitted that the School had been granted recognition vide order dated 14.02.2006, i.e., after the cut-off date of 01.01.2006 prescribed under Section 3(1)(i) of the Act of 2017, and was accordingly held ineligible for provincialisation of its employees' services. The Petitioner's counsel did not dispute this position. Holding that the claim therefore did not mandate consideration, the Court closed the Writ Petition, granting the Petitioner liberty to institute appropriate proceedings to establish the eligibility of the School under the Act of 2017.

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GAHC010054132021

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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)/1844/2021

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NRIPEN KUMAR MILI S/O LATE BABUL MILI,

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RESIDENT OF VILLAGE KARKI CHUK GAON, PO KARKI CHUK DIST MAJULI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY , DEPT OF ELEMENTARY EDUCATION, GOVT. OF ASSAM GHY 06

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2:THE STATE LEVEL SCRUTINY COMMITTEE

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REPRESENTED BY THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI 19 KAMRUPM ASSAM

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3:THE DISTRICT SCRUTINY COMMITTEE

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MAJULI/JORHAT DISTRICT REPRESENTED BY DEPUTY COMMISSIONER MAJULI/JORHAT DISTRICT

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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MAJULI/JORHAT DISTRICT

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5:THE BLOCK ELEMENTARY EDUCATION OFFICER

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MAJULI BLOCK MAJULI DISTRICT

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6:THE INSPECTOR OF SCHOOLS

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MAJULI DISTRICT

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7:SRI PRADIP NATH HEADMASTER KARKICHUK JANAJATI ME SCHOOL PO KARKICHUK DIST MAJULI

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8:SRI AVOYRAM NARAH TUTOR KARKICHUK JANAJATI ME SCHOOL PO KARKICHUK DIST MAJUL

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Advocate for the Petitioner : MR. B K DAS, MR. H GOGOI

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Advocate for the Respondent : SC, ELEM. EDU,

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 08.06.2026

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Heard Mr. D K Das, Learned Counsel for the Petitioner. Also heard Mr. P N Sarma, Learned Standing Counsel, Department of Elementary Education, Assam.

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Mr. P N Sarma, Learned Standing Counsel, Department of Elementary Education, Assam, at the outset, by referring to the affidavit filed by the Director of Elementary Education, Assam, submits that prior to the issuance of the order, provincializing the

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services of the Teachers found eligible in Karkichuk Janajati M.E

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School, it had come to the notice of the Respondent authorities

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that the School, in question, was granted recognition, vide order dated 14.02.2006, i.e. after the cut-off date of 01.01.2006, as prescribed under the provisions of Section 3 (1)(i) of the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017, and accordingly, the School was held to be ineligible for provincialisation of the services of its employees.

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The said situation is not disputed by Mr. D K Das, Learned Counsel for the Petitioner.

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In view of the above position, the claim made by the Petitioner, herein, for provincialisation of his services in Karkichuk Janajati M.E School, would not mandate consideration.

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Accordingly, the present Writ Petition stands closed. However, liberty is granted to the Petitioner to institute appropriate proceedings to establish the eligibility of the said School, under the Provisions of the Act of 2017, for having the services of the Teachers, working in the School, to be provincialised.

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JUDGE

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Comparing Assistant

Nripen Kumar Mili v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Nripen Kumar Mili v. the State of Assam and 7 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

Coram

Case details

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