WP(C)/2945/2025 of BIKRAMJIT KARMAKAR AND 5 ORS Vs THE STATE OF ASSAM AND 4 ORS on 15 June 2026

ORDER

Date : 16.06.2026

Heard Mr. R.P. Sarma, learned senior counsel assisted by Mr. D. Doley, learned counsel for the petitioners. Also heard Ms. S. Konwar, learned Standing Counsel, Elementary Education Department appearing for the respondents No. 1 and 2 as well as Ms. B. Bora, learned Standing Counsel, BTC appearing for the respondents No. 3, 4 and 5.

2. By filing this writ petition, the petitioners, essentially, have claim for provincialization of their services as Science teachers in their respective schools as per the recommendation of the District Level Scrutiny Committee, Kokrajhar, which was subsequently recommended and forwarded by the Director of Elementary Education through the Educational Department for Bodoland Territorial Council (BTC).

3. The petitioners were appointed as Assistant Teachers (Science) at various schools namely, Dukhi Sukhi M.E. School, Netaji M.E. Vidyapith, Dakhin Chautara M.E. School, Hangshabil M.E. School, Malotijhora M.E. School and Lokpriya M.E. School.

4. The cases of the petitioners were considered and recommended by the District Level Scrutiny Committee for provincialization of their services. On 21.11.2017, the Secretary to the BTC submitted a list of teachers including the petitioners recommended by the District Level Scrutiny Committee to the Director of Elementary Education, Govt. of Assam. The list of teachers recommended for provincialization was left out or dropped teachers during the earlier process of provincialization.

5. It is the contention of the petitioners that despite consistently following up the matter with the Director of Elementary Education, Assam as well as the BTC authorities through various representations, the case of the petitioners is yet to be considered.

6. Mr. R.P. Sarma, learned senior counsel for the petitioners by placing the decision rendered by this Court in WP(C) 7224/2018, which was disposed of on 04.09.2019, submits that the case of the petitioners is squarely covered by the aforesaid decision. Therefore, prays for a similar direction for consideration of the claim of the petitioners for provincialization of their services.

7. Ms. S. Konwar, learned Standing Counsel, Elementary Education Department and Ms. B. Bora, learned Standing Counsel, BTC have fairly submitted that similar direction may be issued to the respondents for consideration of the claim of the petitioners as the order dated 04.09.2019 appears to have been rendered in a similarly circumstanced case.

8. The order dated 04.09.2019 passed by the Coordinate Bench is reproduced herein under:- “Heard Mr. R.C. Saikia learned counsel for the petitioners. Also heard Mr. J. Abedin, learned Standing Counsel, Secondary Education Department for the State respondents. In this petition, the petitioners are claiming for provincialisation of the service in Advance Mathematics Teachers in the respective Schools. It has been submitted that the claim of the petitioners can be considered in terms of the order passed by this Court in WP(C) 6804/2017, which was disposed of on 03.10.2018 by this Court, involving similar nature of case. Petitioners claim that the case of the petitioners was considered by the High Power committee and found to be eligible and for regularisation. In view of above, the present petition is disposed of with the direction to the respondent authorities, more particularly, respondent Nos. 1 and 2 to examine the claim of the petitioners in the light of the decision rendered in aforesaid writ petition, WP(C)6804/2017 and if it is found that the petitioners are similarly situated, similar relief of provincialisation will be granted to the petitioners w.e.f. 2013 when the School was provincialised, which exercise shall be undertaken within a period of 3 (three) months from date of receipt of certified copy of this order. Petitioners shall be intimated the result of such consideration by issuing a speaking order in this regard”

9. Perusal of the order dated 04.09.2019 passed by this Court in writ petition (supra) shows that this Court has issued a direction to examine the claim of the petitioners in the light of decision rendered in WP(C) 6804/2017 and if it is found that the petitioners are similarly situated, similar relief of provincialization will be granted to the petitioners. Thus, in my view and as agreed to by the learned counsel for the parties, a similar direction may be issued to the respondents for consideration of the claim of the petitioners for provincialisation of their services.

10. Accordingly, the present petition is disposed of with the direction to the respondent authorities to examine the claim of the petitioners in the light of the decision rendered by this Court in the aforesaid writ petition, WP(C) No.7224/2018 and if it is found that the petitioners are similarly situated, similar relief of provincialisation will be granted to the petitioners w.e.f. 2013 when the schools were provincialisd, which exercise shall be undertaken within a period of 3 (three) months from the date of receipt of a certified copy of this orders. Petitioners shall be intimated the result of such consideration by issuing a speaking order in this regard.

JUDGE Comparing Assistant