Dismissed

Abul Khayer Alaman v. the State of Assam and 7 Ors.

Gauhati HC19 Jun 2019WP(C)/1229/2014

Case brief

AI extract

What is this about?

Petitioner challenged termination from a Venture Educational Institution. The single judge held the writ petition not maintainable, relying on a Full Bench view diverting such disputes to Educational Tribunals, and dismissed it allowing redress via Tribunal.

What did the court decide?

Writ petition dismissed; petitioner directed to approach the appropriate Educational Tribunal for redressal.

Abul Khayer Alaman Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010256602014

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 1229/2014

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1:ABUL KHAYER ALAMAN

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S/O- SAMSER ALI, VILL. and P.O.- CHAMPUPARA BAZAR, P.S.CHHAYGAON, DIST.- KAMRUP R, ASSAM.

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS

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REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT. ELEMENTARY, DISPUR, GHY- 6.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY- 19.

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3:THE DY. COMMISSIONER CUM CHAIRMAN

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DIST. LEVEL SCRUTINY COMMITTEE KAMRUP R AMINGAON KAMRUP R ASSAM.

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4:THE DIST. ELEMENTARY EDUCATION OFFICER KAMRUP R DIST.- KAMRUP R ASSAM.

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5:THE BLOCK ELEMENTARY EDUCATION OFFICER CHHAYGAON EDUCATION BLOCK CHHAYGAON P.O. and P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM.

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6:SCHOOL MANAGING COMMITTEE REP. BY ITS PRESIDENT- SAIDUR RAHMAN S/O- LT. SAGAR ALI VILL.- CHAMPUGAON P.O.- CHAMPUPARA BAZAR

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P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781136.

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7:NAZRUL ISLAM HEADMASTER S/O- LT. ANSER ALI VILL.- CHAMPUPARA BAZAR P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781136. 8:ABDUS SALAM S/O- MOYNAL HOQUE VILL. and P.O.- JORSIMULI P.S.- CHHAYGAON DIST.- KAMRUP R ASSAM PIN- 781137

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Advocate for the Petitioner : MRM H AHMED Advocate for the Respondent : MR.A M S MAZUMDER

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BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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19-06-2019

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Heard Mr. M. H. Ahmed, learned counsel for the petitioner and Ms. R. Roy Choudhury, learned Standing counsel, Elementary Education Department for the respondent Nos. 1, 2, 4 and 5. Also heard Mr. B. Deuri, learned Government Advocate, Assam for the respondent No. 3 and Mr. A. A. R. Karim, learned counsel for the respondent Nos. 6, 7 and 8.

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Petitioner was serving as Science Teacher in Binowaji Girls ME Madrassa in the Chhaygaon Education Block of Kamrup district, a Venture Educational Institution. The petitioner was discharged from said Venture ME Madrassa on 29.07.2013 by the School Managing Committee of the said ME Madrassa and allowed the respondent No.8 to serve as Science Teacher of the said Madrassa.

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The petitioner herein have challenged the order of his termination dated 29.07.2013 as well as the order dated 30.11.2012 allowing the respondent No.8 to be the Science Teacher

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of the said Madrassa.

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It is to be noted herein that a Division Bench of this Court vide judgment and order dated 23.09.2016 passed in WP(C) No.3190/2012 (Chandan Kumar Neog Vs. State of Assam and others) have declared the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 Act amended in 2012 as unconstitutional and ultra-vires.

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A Full Bench of this Court in the case of Abdul Gafur Mondal Vs State of Assam and others reported in 2015 (2) GLT 337 have settled that no such writ petition is maintainable with regard to the services of any incumbent serving in venture educational institutions.

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It is to be noted herein that pursuant to the Full Bench judgment of this Court in the case of Abdul Gafur Mondal (supra) the State Government in the Education Department with the approval of this High Court vide Notifications dated 03.12.2015 and 02.06.2016 have constituted Educational Tribunals in each of the districts of the State, which are presided by the District Judge and Additional District Judges to adjudicate disputes relating to the teaching and non teaching staff of the NonGovernment Educational Institution as well as disputes concerning disciplinary action, genuineness of establishment of school and claim for provincialisation in respect of teaching staff of Venture Educational Institution, there shall be an Educational Tribunal for each district within their respective Territorial Jurisdiction and the District and Sessions Judges and the Additional District and Sessions Judges of each District are designated as Educational Tribunal.

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As such this writ petition being not maintainable stands dismissed.

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However, the petitioner may approach the appropriate Educational Tribunal for redressal of his grievances, if so advised.

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JUDGE

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Comparing Assistant

Abul Khayer Alaman v. the State of Assam and 7 Ors.

Case brief

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Abul Khayer Alaman v. the State of Assam and 7 Ors.

Case brief

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