Smti Sabita Deka v. the State of Assam and 5 Ors.
Case brief
What is this about?
Holding a writ petition challenging termination by a non-government venture school inadmissible, the Court held grievances regarding service, demotion, and provincialisation must be adjudicated by the Educational Tribunal following Abdul Gafur Mondal Full Bench decision.
What did the court decide?
null
What the court decided
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GAHC010018802015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4658/2015
SMTI SABITA DEKA
ASSISTANT TEACHER PAIKANA M.E. SCHOOL, RESIDENT OF VILLNANARA, P.O. KARARA P.S. BAIHATA CHARIALI, DIST. KAMRUP RURAL, ASSM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP.BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF ELEMENTAY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.
3:THE DISTRICT ELEMENTARY EDUCATION OFICER KAMRUP RURAL0 AMINGAON KAMRUP ASSAM. GUWAHATI- 31.
4:THE THE BLOCK ELEMENTARY EDUCATION OFFICER KAMALPUR BLOCK DIST. KAMRUP RURAL ASSAM.
Issues for consideration
2 issues framed by the court
Whether a writ petition challenging termination and demotion of an assistant teacher by a non-government venture educational institution is maintainable.
Whether the grievances of the petitioner should be considered by the writ court or by the Educational Tribunal constituted under Full Bench guidelines.
Parties & counsel
- petitioner
Smti. Sabita Deka
- respondent
The State of Assam
- respondent
The Commissioner and Secretary to the Govt of Assam, Education, Elementary Department, Guwahati
- respondent
The Director of Elementary Education, Assam
- respondent
The District Elementary Education Officer, Kamrup Rural
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · June
- Registered
- Case no.
- WP(C)/4658/2015
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