Disposed¶27

Nirendra Das v. the State of Assam and 5 Ors.

Gauhati HC9 Feb 2026WP(C)/4176/2025

Case brief

AI extract

What is this about?

provincialisation, elementary education Assam, Tutor Social Science, Naranarayan ME School, SLSC recommendation 22.09.2025, proposal sent 07.01.2026, time-bound direction 3 months, benefits from 01.01.2021, Director of Elementary Education, Dhubri, Chapar, writ petition disposed

What did the court decide?

Direction to respondent nos. 1 & 2 to proceed with the Director of Elementary Education's proposal for provincialisation of the petitioner and complete the entire process within 3 (three) months of receipt of a certified copy of the order, keeping in mind that existing beneficiaries of provincialisation were afforded benefits from 01.01.2021. ¶27

Nirendra Das Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities should be directed to take a decision on, and complete, the provincialisation of the petitioner's services within a fixed time frame.

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Court's answer

The writ petition is disposed of directing the respondent authorities, most specifically respondent nos. 1 & 2, to proceed with the proposal sent by the Director of Elementary Education for the provincialisation of the petitioner.

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Ratio / Principle

The entire provincialisation process shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of the order.

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Key takeaways

While taking the decision on the petitioner's provincialisation, the respondents shall keep in mind that persons already given the benefit of provincialisation were afforded the benefits from 01.01.2021.ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court (Rajesh Mazumdar, J.), order dated 10.02.2026 in WP(C)/4176/2025 (Nirendra Das v. The State of Assam and 5 Ors): An affidavit filed by the Director of Elementary Education brought on record a proposal seeking Government instructions for provincialisation of the petitioner's services as Tutor (Social Science) at Naranarayan ME School; the proposal had been recommended by the SLSC on 22.09.2025 and was sent to the Commissioner and Secretary to the Government of Assam, Elementary Education on 07.01.2026. With respondents' counsel raising no objection, the writ petition was disposed of directing respondent nos. 1 & 2 to proceed with the proposal and complete the entire process within 3 (three) months from receipt of a certified copy of the order, keeping in mind that persons already given the benefit of provincialisation were afforded the benefits from 01.01.2021.

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GAHC010160682025

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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)/4176/2025

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NIRENDRA DAS

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S/O- LATE NAGARBASHI DAS, VILL.- SATYAPUR, P.O. CHAPAR, P.S. CHAPAR, DIST. DHUBRI, ASSAM, PIN- 783378.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-781006.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019.

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3:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN ELEMENATRY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-781019.

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4:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN-CUM-DISTRICT COMMISSIONER DHUBRI ASSAM PIN-783330. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DHUBRI PIN- 783330. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO)

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CHAPAR-SAIKOCHA BLOCK DHUBRI PIN- 783348

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Advocate for the Petitioner : MR N SARMA,

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

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BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

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10.02.2026

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Heard Mr. N. Sarma, learned counsel appearing for the petitioner. Also heard Ms. N. Phukan, learned counsel appearing on behalf of the Elementary Education Department.

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Today, an affidavit has been filed on behalf of the respondent no. 2 i.e. the Director of Elementary Education by bringing on record a proposal, requesting the Government to provide necessary instructions regarding provincialisation of services of Nirendra Das, Tutor (Social Science) against the Naranarayan ME School. The proposal now having been sent to the Commissioner and Secretary to the Government of Assam, Elementary Education on 07.01.2026, the learned counsel for the petitioner has submitted that the writ petition may be disposed of fixing a time frame from the respondents to take a decision on the issue of provincialisation of the petitioner. Mr. Sarma, the learned counsel for the petitioner has also submitted that the proposal has already been recommended by the SLSC on 22.09.2025.

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The learned counsel for the respondents does not object to the same. Accordingly, the writ petition is disposed of directing the respondent authorities most specifically the respondent nos. 1 & 2 to proceed with the

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proposal sent by the Director of Elementary Education for the provincialisation of the petitioner. The entire process shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of the order.

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It is noticed that persons, who have been given the benefit of provincialisation were afforded the benefits from 01.01.2021.

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The respondents while taking the decision for provincialisation of the petitioner shall keep the same on mind.

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Writ petition accordingly stands disposed of.

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Ms. M. Das Barman, learned counsel appears for the State.

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JUDGE

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Comparing Assistant