Gauhati High Court
Neetu Kumari Gupta vs The State Of Assam And 3 Ors on 3 November, 2025
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GAHC010222812025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5843/2025
NEETU KUMARI GUPTA
W/O- MANISH KUMAR, R/O- NAGAON, P.O- NAGAON, P.S- SADAR,
DISTRICT- NAGAON, ASSAM PIN-782001.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HIGHER
EDUCATION DEPTT., DISPUR, GUWAHATI -781006.
2:DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019.
3:PRINCIPAL OF NOWGONG GIRLS COLLEGE
NAGAON
P.O- NAGAON
ASSAM
4:THE PRESIDENT AND SECRETARY
THE GOVERNING BODY NOWGONG GIRLS COLLEGE
NAGAON
PIN-782001
Advocate for the Petitioner : MR. R GOSWAMI, DR. N BAROOAH,MS N DEVI,D GOSWAMI
Advocate for the Respondent : SC, HIGHER EDU,
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BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
03.11.2025 Heard Mr. R. Goswami, learned counsel for the petitioner and Mr. A.R. Tahbildar, learned standing counsel for the Higher Education Department, being respondent Nos. 1 & 2.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the illegal action of the respondent No. 3, by which it has converted the Child Care Leave (CCL hereinafter) of the petitioner to Earned Leave (EL hereinafter) on the body of the application submitted by the petitioner.
3. Mr. Goswami, learned counsel for the petitioner submits that the petitioner is serving as Assistant Professor in the English Department of Nowgong Girls' College, Nagaon and on account of the illness of her son, she had availed her CCL from 20.01.2025 to 24.02.2025. But, later on, she came to know that the CCL, which she has applied for, is converted to EL, without any justified reason, by the respondent No. 3. Being aggrieved, the petitioner has approached this Court by filing the present writ petition as the action of the respondent No. 3 is against Clause No. 3 of the Notification dated 7th August, 2025.
3.1. Mr. Goswami, referring to the notification dated 07.04.2025, especially to Clause No. 3, submits that the petitioner is entitled to 730 days of CCL in a particular year, which she can avail on three occasions. But, she had availed only 35 days, from 20.01.2025 - 24.02.2025. As such, the conversion of the CCL of the petitioner to the EL is illegal and arbitrary and therefore, the same is required to be interfered with.
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4. On the other hand, Mr. Tahbildar, learned standing counsel for the Higher Education Department, being respondent Nos. 1 & 2, submits that he may be granted some time to obtain instructions.
5. The submissions of learned counsel for both the parties needs further consideration.
6. At this stage, let notice be issued to the respondent Nos. 3 & 4, within a week from today, by registered post with A/D and also by usual process, returnable on 28.11.2025. As other respondents are represented by their standing counsel, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to them during the course of the day.
7. Though not granting any interim relief, yet it is provided that the conversion of CCL of the petitioner to the EL, by the respondent No. 3, shall be subject to the outcome of this writ petition.
8. List the matter on 28.11.2025.
JUDGE Comparing Assistant