WAHIDA KHATUN AND 16 ORS. v. THE STATE OF ASSAM AND 3 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE NELSON SAILO
Judgment date:
Case summary
Gauhati High Court judgment dated 2026-01-06. WAHIDA KHATUN AND 16 ORS. v. THE STATE OF ASSAM AND 3 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/6 GAHC010273692025 2026:GAU-AS:179 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/27/2026 WAHIDA KHATUN AND 16 ORS. ASSTT. TEACHER ARABIC OF DAKHIN DHANIABHETI ME MADRASSA, D/O MD. NASIR UDDIN VILL- DHANIABHETI,P. O. DHANIABHETI, DIST. NAGAON, ASSAM 2: FATIMA KHATUN ASSTT. TEACHER (ARABIC) OF KHUTERIA KHATI ME MADRASSA D/O SIRAJUL ISLAM VILL- SONAIBERA P. O. ALITANGANI DIST. NAGAON ASSAM 3: NURUL ISLAM ASSTT. TEACHER (ARABIC) OF UDAY NAGAR ME MADRASSA S/O LATE MUNTAZ ALI VILL- DHARAMUKH P. O. BAJBATAMAI DIST. NAGAON ASSAM 4: TASLIMA KHATUN ASSTT. TEACHER (ARABIC) OF CHANGAJAN HAJI SHAK SAND ALI ME MADRASSA D/O MD. MAIN UDDIN VILL- CHANGJAN P. O. BAJ BATAMARI DIST. NAGAON ASSAM 5: ASIA KHATUN ASSTT. TEACHER (ARABIC) OF PAM KALIADINGA GIRLS ME MADRASSA Page No. # 2/6 D/O HAZRAT ALI VILL- KALIADINGA DIST. NAGAON ASSAM 6: AFAZ UDDIN ASSTT.
TEACHER (ARABIC) OF DAKSHIN KATAHGURI LALMAMUD ME MADRASSA S/O LATE HALEM ALI VILL- KATAHGURI PO. O. TUKTUKI DIST. NAGAON ASSAM 7: TASMINA BEGUM ASSTT. TEACHER (ARABIC) OF UTTAR MAHGURI ME MADRASSA D/O ABDUL KALAM VILL- MAHGURI P. O. SINGARI MADRASSA DIST. NAGAON ASSAM 8: FAZILA KHATUN ASSTT. TEACHER (ARABIC) OF MAJULI ME MADRASSA D/O SAMS UDDIN VILL- UTTAR PUTAKOLONG P. O. AMGABAGAN DIST. NAGAON ASSAM 9: TASNIA AFRIN ASSTT. TEACHER (ARABIC) OF KHAIRAMARI ME MADRASSA D/O HAFIZ UDDIN VILL- KHAIRAMARI P. O. KANDULIMARI DIST. NAGAON ASSAM 10: MOFIZ UDDIN ASSTT. TEACHER (ARABIC) OF PACHIM LAILURIME MADRASSA S/O LATE ABED ALI Page No. # 3/6 VILL- LAILURI P. O. LAILURI P. O. LAILURI DIST. NAGAON ASSAM 11: MAHAMMAD ALI ASSTT. TEACHER (ARABIC) OF MAGURMARI ADARSHA ME MADRASSA S/O LATE AKBAR ALI VILL- SUNSERI P. O. KANDHULIMARI DIST. NAGAON ASSAM 12: ANZARUZ ZAMAN ASSTT. TEACHER (ARABIC) OF LATANI CHAPORI ME MADRASSA S/O ARFAN ALI VILL- NO. 2 BHATAKHALI P. O. KATHPARA DIST.
NAGAON ASSAM 13: ABU TAHIR ASSTT. TEACHER (ARABIC) OF NARAMARI ADARSHA ME MADRASSA S/O NURUL HOQUE VILL- NARAMARI P. O. SILLONGONI DIST. NAGAON ASSAM 14: MD. RAHMAT ULLAH ASSTT. TEACHER (ARABIC) OF DAKHIN DHANIABHETI ME MADRASSA D/O MD. NASIR UDDIN VILL- DHANIABHETI P. O. DHANIABHETI DIST. NAGAON ASSAM 15: RUSMAT ALI ASSTT. TEACHER (ARABIC) OF GENDHUA PATHAR MAMUD ALI ME MADRASSA S/O LATE FAIZ UDDIN VILL- JAMUGURI Page No. # 4/6 P. O. ALITANGANI DIST. NAGAON ASSAM 16: SHAHJAHAN ALI ASSTT. TEACHER (ARABIC) OF PACHIM KADAMANI PATHAR H. K. ME MADRASSA S/O ABDUR RASHID VILL- BHERBHERI P. O. DHUPAGURI DIST. NAGAON ASSAM 17: RUKIA KHATUN ASSTT. TEACHER (ARABIC) OF NAGABANDHA ME MADRASSA D/O ABDUS SATTAR VILL- CHATIAN P. O. TINSUKIA DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOV. T OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI- 781006.
3:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 Advocate for the Petitioner : MR. S H RAHMAN, MR. M S MONDAL Page No. # 5/6 Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 07. 01. 2026 Heard Mr. S. H. Rahman, learned counsel for the petitioners, who submits that the petitioners are working as Assistant Teachers, teaching Arabic language in Upper Primary Schools and it is their case that they are eligible to be considered for provincialisation of their services in terms of Section 3(1) (xi) of the Assam Education (Provincialisation of Services of Teachers and Re- Organization of Educational Institutions) Act, 2017 (The Act of 2017 in short). The learned counsel at the outset submits that similar matters were taken up by this Court and they were all disposed of by a common order dated 22. 10.
2025 with the lead case being WP(C)/5072/2021 (Annexure-9). The learned counsel therefore submits that the instant writ petition may be disposed of in similar lines. [2. ] Ms. N. Phukan, learned Standing Counsel, Elementary Education Department submits that in view of the directions passed in the earlier writ petitions, Court may consider and pass appropriate orders as deem fit and proper. [3. ] In view of above, writ petition is disposed of by directing the writ petitioners to file their respective individual representation before the Director of Elementary Education, Government of Assam within a period of fifteen days from today and the said authority upon receipt of the representation shall consider the same by taking into account the provisions of Section 3(1) (xi) of Page No. # 6/6 the Act of 2017 and dispose of the representation within a period of 4(four) months from the date of receipt of the same by way of a speaking order. [4.
] With the above observations and directions, the writ petition stands disposed of. [5. ] The petitioner No. 1 shall file a copy of this writ petition before the Director of Elementary Education along with a certified copy of this order and also along with his representation. The remaining petitioners are not required to file a copy of the writ petition along with the representation. JUDGE Comparing Assistant
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