The Gauhati High Court has stayed the appointment of an assistant professor as a Census 2027 supervisor, directing administrative authorities in Assam to first decide on her pending request for childcare leave to attend to her eight-month-old infant.
Disposing of the petition on August 17, Justice Nelson Sailo ordered the District Commissioner of Sonitpur to review the educator’s leave representation and pass an appropriate order within 10 days. The court ruled that the August 13 order assigning her to census duties will remain suspended until her leave application is officially resolved.
Background of the Case
The petitioner, a faculty member at Rangapara College in Balipara, gave birth to a child on December 7, 2025. Because her husband is employed elsewhere, she relies solely on assistance from a maid to care for the infant. On July 24, she submitted an application to the Sonitpur District Commissioner seeking childcare leave from August 1 to October 29, 2026.
While her leave request remained pending without a decision, her name was forwarded by the college principal to district authorities for census operations. Subsequently, the Charge Officer in the Sonitpur District Commissioner’s office issued an order on August 13 appointing her as a supervisor for the house listing and housing phase of Census 2027. Prompted by the unaddressed leave application and the conflicting census assignment, she filed a court petition.
Legal Arguments Presented
Representing the petitioner, advocates S. Bora and J. Rajkumari cited Rule 2(c) of the Assam State Government Employees Child Care Leave Rules, 2025, which defines a minor child as a biological or adopted child under the age of 18. They contended that since the infant requires continuous care, the teacher was eligible for childcare leave and urged the court to direct authorities to process her application.
Appearing for the state, Additional Senior Government Advocate J.K. Goswami acknowledged that state employees are permitted to take childcare leave. However, citing Rule 3(xii) of the 2025 rules, he argued that such leave cannot be claimed as an absolute right.
Court Ruling
Taking note of the petitioner’s domestic situation and her husband’s posting away from the household, Justice Sailo directed the district administration to evaluate the specific challenges detailed in her July 24 application. The High Court specified that her appointment as a census supervisor must remain on hold until the Sonitpur District Commissioner renders a final decision on her leave request.
