Gauhati High Court
I.A.(Civil)/3678/2023 of NO. 1 DHEMAGARH L.P SCHOOL AND 2 ORS Vs THE STATE OF ASSAM AND 4 ORS on 3 February 2026
GAHC010276892023 2026:GAU-AS:1443 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3678/2023 NO. 1 DHEMAGARH L.P SCHOOL AND 2 ORS LAKHIMPUR REP. BY ITS HEADMASTER, SRI PURNA KANTA BORAH, S/O- LT. MOHESWAR BORAH, R/O- VILL- NO. 1
GAHC010276892023
2026:GAU-AS:1443
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3678/2023
NO. 1 DHEMAGARH L.P SCHOOL AND 2 ORS
LAKHIMPUR REP. BY ITS HEADMASTER, SRI PURNA KANTA BORAH, S/O- LT. MOHESWAR BORAH, R/O- VILL- NO. 1 DHEMAGARH, P.O. SAGORPUR, P.S. LALUK, DIST.- LAKHIMPUR (ASSAM), PIN- 787023
2: PURNA KANTA BORAH
S/O LATE MOHESWAR BORAH
R/O VILL. NO. 1 DHEMAGARH
P.O. SAGORPUR
P.S. LALUK
DIST. LAKHIMPUR (ASSAM)
PIN 787023
3: BABUL BARMUDOI
S/O LATE HUDURA BAMUDOI
R/O VILL. NO. 1 DHEMAGARH
P.O. SAGORPUR
P.S. LALUK
DIST. LAKHIMPUR (ASSAM)
PIN 78702
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR, GUWAHATI-781006
2:THE DIRECTOR OF ELEMENTARY EDUATION
KAHILIPARA
GUWAHATI 781019
3:THE DIST. ELEMENTARY EDUCATION OFFICER (DEEO)
LAKHIMPUR
DIST. LAKHIMPUR
PIN 787001
4:THE MISSION DIRECTOR
AXOM SARBA SIKSHA ABHIJAN MISSION (SSA)
KAHILIPARA
GUWAHATI 781019
5:THE DIST. MISSION CO ORDINATOR
AXOM SARBA SIKSHA ABHIJAN MISSION (SSA)
LAKHIMPUR
DIST. LAKHIMPUR
PIN 78700
Advocate for the Petitioner : MR. U K GOSWAMI, Advocate for the Respondent : SC, ELEM. EDU,
BEFORE
HON’BLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
04.02.2026 Heard Mr U K Goswami, learned counsel appearing for the petitioners. Also heard Mr A Phukan, learned counsel appearing on behalf of the Elementary Education Department.
2. By this interlocutory application, a prayer has been made for the correction of the word - “with prospective effect”, appearing at Paragraph-8 of the order dated 07.12.2020, passed in Review Petition No. 67/2020.
3. The learned counsel for the petitioners has submitted that, although in the first instance, while disposing of the connected writ petition, i.e., WP(C) No. 390/2018, this Court had directed a consideration of the case of the petitioners under the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, on a review, keeping in view the fact that the petitioners were required to be given the benefit of provincialization under the Assam Venture Educational Institution (Provincialization of Services) Act, 2011, as amended in 2012, this Court had modified the order dated 12.12.2019, thereby giving the benefit of provincialization under the Act of 2011, as amended in 2012, to the petitioners herein.
4. This Court has gone through the contents of the interlocutory application and has also looked at the earlier orders of the Court.
5. Mr A Phukan, learned counsel appearing for the respondents has prayed for an accommodation to be allowed to call Mr P K Borah, who had originally appeared in the review petition.
6. This interlocutory application has been pending from the year 2023 onwards, and the respondents have not filed any reply to the same.
7. In such view of the matter, this Court is not inclined to grant further time to the respondents to file any affidavit.
8. Having gone through the earlier order passed by this Court in the review petition, this Court is of the opinion that the words appearing at Paragraph-8 of the order dated 07.12.2020, passed in Review Petition No. 67/2020 -“with prospective effect” requires to be substituted by the word - “with consequential benefits”.
9. Accordingly, it is directed that the order dated 12.12.2019, passed in WP(C) No. 390/2018, as modified by the order dated 07.12.2020, passed in Review Petition No. 67/2020, shall now be read as:- “12. Accordingly, this Court directs that the authorities will examine afresh the case of the petitioners' school keeping in mind that the provincialisation order has not been recalled and the cause the school to rectify any deficiency, if there be any, and accordingly, extend the benefit of provincialisation with consequential benefits in terms of the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011 as amended in 2012, which exercise shall be undertaken by the authorities within a period of 3(three) months from the date of receipt of a certified copy of this order.”
4. Interlocutory Application stands disposed of. JUDGE Comparing Assistant