Gauhati High Court
Sewali Rabha And 14 Ors vs The State Of Assam And 11 Ors on 29 April, 2026
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/6
GAHC010045502026
2026:GAU-AS:5909
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1391/2026
SEWALI RABHA AND 14 ORS.
C/O DHANBAR RABHA, R/O MASLAM PT- I, DIST- GOALPARA, ASSAM,
PIN- 783123
2: ROFIQUL ISLAM
S/O FOYZAL HOQUE
R/O ABRARBHITA
P.O- BALARBHITA
DIST- GOALPARA
ASSAM
3: MONOWARA BEGUM
C/O ANOWAR HUSSAIN
R/O NABINNAGAR
P.O- BALADMARI CHAR
DIST- GOALPARA
ASSAM
4: RATAN SWARGIARY
S/O BANDHURAM SWARGIARY
NIZ SATHIA SAMUKHA SATHIMUKA
BARPETA
ASSAM
5: NETRA DEVI
C/O AMBAR BAHADUR KARKI
R/O NO 1 BATAMARI
P.O- RANGACHAKUA
DIST- SONITPUR
ASSAM
6: PRADIP SHARMA
C/O BISHNU PRASAD SHARMA
140
Page No.# 2/6
TOW BHANGA
SONITPUR
ASSAM
7: NARAYAN PRASAD SHARMA
C/O HARI LAL SHARMA
R/O NANKE BAKULA
BAKULA PATHAR
SONITPUR
ASSAM
8: PRAKASH KATUWAL
C/O BALARAM KATUWAL
R/O RAJGARH
SONITPUR
ASSAM
9: RENUKA DEVI
C/O TIRIN KRISHNA BARMAN
R/O LAKHIPUR
P.O- LAKHIPUR
DIST GOALPARA
ASSAM
10: JANAK RABHA
C/O GONESH CHANDRA RABHA
R/O HOUSE NO 42
SUTKI NC
P.O- DARIDURI
DIST- GOALPARA
ASSAM
11: NARA MAYA DEVI
C/O DHARMADHASE KOIRALA
R/O HASTINAPUR
P.O- DONGARGAON
DIST- NALBARI
ASSAM
12: KHEM BAHADUR KATOWAL
C/O KHARGA BAHADUR KATOWAL
R/O SINGRI BANGALI
P.O- SINGRI
DIST- SONITPUR
ASSAM
13: MUKSIDA KHATUN
C/O JALAL UDDIN
R/O PANBARI SATRA
P.O- NIZ DHING
DIST- NAGAON
Page No.# 3/6
ASSAM
14: RATUL BORA
C/O RUPAM CHANDRA BORA
R/O AUNIATI SATRA
P.O- SOLOGURI
DIST- NAGAON
ASSAM
15: RITA DAS
C/O RATUL DAS
CHENGELIMARA NO 7 PANPOR GHAT
JAMUGURIHAT
SONITPUR
ASSA
VERSUS
THE STATE OF ASSAM AND 11 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT,
DISPUR, GUWAHATI-6
2:THE DIRECTOR
ELEMENTARY EDUCATION DEPARTMENT
KAHILIPARA
GUWAHATI
ASSAM
3:THE DISTRICT COMMISSIONER
GOALPARA
DIST- GOALPARA
ASSAM
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
GOALPARA
DIST- GOALPARA
ASSAM
5:THE DISTRICT COMMISSIONER
BARPETA
DIST- BARPETA
ASSAM
6:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
BARPETA
DISTRICT- BARPETA
ASSAM
7:THE DISTRICT COMMISSIONER
SONITPUR
DIST- SONITPUR
Page No.# 4/6
ASSAM
8:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
SONITPUR
DIST- SONITPUR
ASSAM
9:THE DISTRICT COMMISSIONER
NAGAON
DIST- NAGAON
ASSAM
10:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
NAGAON
DIST- NAGAON
ASSAM
11:THE DISTRICT COMMISSIONER
NALBARI
DIST- NALBARI
ASSAM
12:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
NALBARI
DIST- NALBARI
ASSA
Advocate for the Petitioner : MR. S ROY, M. HOSSAIN,MR. M H LASKAR
Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
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.
Page No.# 5/6 [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 Page No.# 6/6 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