Disposed

Amjad Hussain Barbhuiya v. the State of Assam and 6 Ors.

Gauhati HC4 Dec 2020WP(C)/2964/2020

Case brief

AI extract

What is this about?

Two headmasters challenged non-inclusion in the provincialisation roll under the Assam Education Act, 2017. The Court was asked to decide if they could approach the High Court directly or had to exhaust statutory remedies. It directed applicants to file appeals before the State Level Scrutiny Committee under Section 14.

What did the court decide?

Petitioners directed to file individual appeals before the State Level Scrutiny Committee under Section 14 of the Act of 2017. Writ petitions disposed of.

Amjad Hussain Barbhuiya Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2020)

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Page No.# 1/4

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GAHC010099932020

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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)/2963/2020

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HANIF AHMED BARBHUIYA

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S/O- MONIR UDDIN BARBHUIYA, R/O- VILL- BILPAR DHUMKAR, P.O. RANGAUTI, DIST.- HAILAKANDI, ASSAM, PIN- 788155

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REP. BY ITS COMM. AND SECY., ELEMENTARY EDUCATION DEPTT., GOVT. OF ASSAM, DISPUR, GHY-6

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

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3:STATE LEVEL SCRUTINY COMMITTEE

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REP. BY ITS CHAIRMAN CUM DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GHY-19

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4:DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION HAILAKANDI REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER HAILAKANDI ASSAM

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST.- HAILAKANDI ASSAM

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6:BLOCK ELEMENTARY EDUCATION OFFICER KATLICHERRA

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Page No.# 2/4

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7:AROJ ALI LASKAR HEAD MASTER OF GAUTAM ROY M.E. SCHOOL DHOLAI PT. V- KATLICHERRA DIST.- HAILAKANDI ASSA

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Advocate for the Petitioner : MR E AHMED

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Advocate for the Respondent : SC, ELEM. EDU

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WP(C)/2964/2020

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AMJAD HUSSAIN BARBHUIYA S/O- LT. ABDUL JALIL BARBHUYA R/O- VILL- BOWARGHAT PT-I P.O. BOWARGHAT P.S. HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 788164

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VERSUS

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THE STATE OF ASSAM AND 6 ORS. REP. BY ITS COMM. AND SECY. ELEMENTARY EDUCATION DEPTT. GOVT. OF ASSAM DISPUR GHY-6

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

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3:STATE LEVEL SCRUTINY COMMITTEE REP. BY ITS CHAIRMAN CUM DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GHY-19

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4:DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION HAILAKANDI

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REP. BY ITS CHAIRMAN CUM DY. COMMISSIONER

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Page No.# 3/4

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HAILAKANDI ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST.- HAILAKANDI ASSAM 6:BLOCK ELEMENTARY EDUCATION OFFICER KATLICHERRA 7:MINARA BEGUM LASKAR HEAD MASTER NISCHINTAPUR M.H. CHOUDHURY M.E. SCHOOL VILL- NISCHINTAPUR P.O. MONACHERRA DIST.- HAILAKANDI ASSAM -----------Advocate for : MR E AHMED Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS.: Advocate ,

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 04-12-2020

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Heard Mr. E. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for the Elementary Education Department and Mr. A. Deka, learned counsel for the Headmistress of the concerned school.

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The petitioners in the two writ petitions are all teachers appointed on various dates in their respective schools. The common grievance raised is that at the time when the teachers of the respective schools were considered for provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017 ( in short Act of 2017) the concerned District Scrutiny Committee had not forwarded their names for the purpose of provincialisaltion.

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Section 14 of the Act of 2017 provides for an appeal to be filed before the State Level Scrutiny

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Committee in the event any of the teachers are aggrieved to the extent that the District Level Scrutiny Committee had not recommended their names. The petitioners state that they had filed a representation before the Director of Elementary Education, Assam but nothing has been done. In the circumstance, we require the petitioners to file individual appeals in the appropriate manner before the State Level Scrutiny Committee against their grievance of not being recommended by the District Level Scrutiny Committee, along with any documents, testimonials that they may rely upon in furtherence of their claim.

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It is stated that the appeal before the State Level Scrutiny Committee is to be made before the Commissioner and Secretary to the Govt. of Assam in the Education Department.

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Upon such appeal being submitted the Commissioner and Secretary shall place the same before the State Level Scrutiny Committee and the State Level Scrutiny Committee shall examine the claim of the petitioners and pass a reasoned order thereon.

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Both the writ petitions are disposed of in the above terms.

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JUDGE

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Comparing Assistant

Amjad Hussain Barbhuiya v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Amjad Hussain Barbhuiya v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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