Gauhati High Court
Smti Esther Basumatary vs The State Of Assam And 4 Ors on 21 November, 2025
Page No.# 1/3
GAHC010235542025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6585/2025
SMTI ESTHER BASUMATARY
W/O- SRI NILAM BORO, R/O- VILL.- KAMALABARI, P.O. SALBARI, DIST.
BAKSA, ASSAM, PIN- 781318.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-
781006.
2:THE DIRECTOR TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
KAHILIPARA
GUWAHATI-781019.
3:THE ADDITIONAL PRINCIPAL SECRETARY
BODOLAND TERRITORIAL COUNCIL CUM CHAIRMAN OF THE DISTRICT
SCRUTINY COMMITTEE
BODOLAND TERRITORIAL COUNCIL SECRETARIAT
BODOFA NWGWR
KOKRAJHAR
BODOLAND TERRITORIAL REGION
ASSAM
4:THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR STATION ROAD
BTR
DISTRICT- KOKRAJHAR
ASSAM-783370.
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5:THE INSPECTOR OF SCHOOLS
BODOLAND DISTRICT CIRCLE
MUSHALPUR
BAKSA
Advocate for the Petitioner : MR. K N CHOUDHURY, MR. R M DEKA,N GAUTAM
Advocate for the Respondent : SC, SEC. EDU., SC, BTC
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
21.11.2025 Heard Mr. R. M. Deka, learned counsel for the petitioner and Mr. P. P. Dutta, learned Standing Counsel for the respondent Nos. 1 & 2. Also heard Ms. B. Bora, learned Standing Counsel for the respondent Nos. 3, 4 & 5.
In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to forthwith provincialise the service of the petitioner as Tutor at Bathou Ashram High School in the district of Baksa.
Mr. Deka, learned counsel for the petitioner submits that the petitioner was appointed as a Language Teacher at Bathou Ashram High School, vide appointment order, dated 23.12.2010. Thereafter, the District Scrutiny Committee had recommended the name of the petitioner for provincialisation of his service; but, his service was not provincialised and when the petitioner made an enquiry with the respondents, the petitioner came to know that due to non- reflection of his name in the DISE Code, his service was not provincialised.
Mr. Deka further submits that similarly situated Tutors had earlier approached this Court by filing a Writ Petition, vide W.P.(C) No. 5883/2024 and Page No.# 3/3 a Co-ordinate Bench of this Court, vide order dated 20.03.2025, had disposed of the said writ petition, by directing the respondent authorities to consider the case of the petitioners for provincialisation of their services as teachers/tutors, by making necessary verification as per the provision of the Act of 2017, without necessitating upon their names being captured in the DISE Code of 2009-10, as provided in the said case, i.e., in the case of Kishor Kumar Nath and Others Vs. State of Assam, reported in 2023 SCC Online GAU 1487, and this petition may also be disposed of by granting similar relief to the petitioner.
At this stage, Mr. Dutta submits that he may be granted some time to obtain instruction.
Prayer allowed.
Registry shall list this matter on 05.12.2025.
Mr. Dutta shall obtain necessary instruction in this regard and shall place the same before this Court on the next date.
JUDGE Comparing Assistant