WP(C)/1391/2026 of SEWALI RABHA AND 14 ORS. Vs THE STATE OF ASSAM AND 11 ORS. on 28 April 2026

ORDER

Date : 29.04.2026

Heard Mr. M. H. Laskar, learned counsel for the petitioners. Also heard Ms. S. Chutia, learned Standing Counsel for the Elementary Education Department and Ms. K. Phukan, learned Govt. Advocate for the respondent Nos. 3, 5, 7, 9 and 11. [2.] Having regard to the nature of grievance projected by the petitioner and the fact that similar writ petitions have been disposed of by this Court, the writ petition is taken up for disposal at this stage.

[3.] It is the case of the petitioners that they were appointed as Hindi Language Teachers in various Upper Primary Schools which were established as Venture Schools in the Districts of Goalpara, Barpeta, Sonitpur, Nagaon and Nalbari. The petitioner have been serving continuously for more than 20(twenty) years and some of them are at the verge of retirement. According to the petitioners, no particular fixed pay has been given to them and they have rendered their services with the hope that their services will be provincialised one day. The learned counsel for the petitioners submits that similarly situated persons had approached this Court by filing their respective writ petitions and all such writ petitions have been disposed of by a common order with WP(C)/3597/2021 as the lead case. Referring to the order passed by this Court in those writ petitions which is annexed as Annexure-IV of the instant writ petition, the learned counsel submits that this Court upon considering the fact that there is a specific provision under Section 3(1) (xi) of the Assam Education Provincialisation Act, 2017, the writ petitions were disposed of by directing the petitioners therein to file their individual representations before the appropriate authority within a period of 20(twenty) days and the representations on being filed were directed to be considered within a timeframe of 4(four) months. The learned counsel therefore submits that if a similar direction can be passed in the instant case, the same would serve the purpose. [4.] Ms. S. Chutia, learned Standing Counsel, Elementary Education Department however submits that it may so happen that the post of Language Teacher in the Schools concerned where the petitioners are working may have been filled up already and therefore, possibility of considering the case of the petitioner for provincialisation may not occur. She therefore submits that a specific observation may be made in that regard. However, to this submission, it is seen that at paragraph-19 of the Judgment and order dated 17.03.2025, passed by this Court in WP(C)/3597/2021 (which is the lead case), this Court had taken into account this aspect as well and therefore, it was observed that in view of the provisions of Section 3(1) (xi) of the Act of 2017, there appears to be scope for additional post as the said provision provides that there shall be a minimum three teachers or tutors and at least one teacher for each of the subjects out of the three subjects including the Languages. Therefore, it was directed that the respondent authorities may consider the case of the petitioners therein as per the provisions provided and also in terms of Section 19 and 25 of The Right of Children to Free and Compulsory Education Act, 2009. It may also be seen that similar other writ petitions have also been considered and disposed of in similar lines and one such being WP(C)/5072/2021 (Monowara Khatun and 8 Ors Vs. State of Assam and Ors) which was disposed of vide order dated 22.10.2025. [5.] In view of above, the instant writ petition is disposed of by directing the petitioners to file their individual representation before the appropriate authority within a period of 20(twenty) days from today. The authority on receipt of the representation shall consider the case of the petitioners individually within a period of 4(four) months from the date of receipt of the representation. [6.] With the above observations and directions, the writ petition stands disposed of.

JUDGE Comparing Assistant