Disposed

Mofiza Khanom v. the State of Assam and 6 Ors.

Gauhati HC3 Feb 2020WP(C)/335/2020

Case brief

AI extract

What is this about?

Writ petition regarding petitioner being dropped from provincialisation list for service at a Madrassa. Court disposed of petition directing petitioner to submit a detailed representation to the Director of Secondary Education within two months.

What did the court decide?

Petitioner directed to submit detailed representation with supporting documents to the Director of Secondary Education within two months for consideration of provincialisation.

Mofiza Khanom Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010010072020

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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) 335/2020

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1:MOFIZA KHANOM

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C/O. ROFIQUL ISLAM, VILL. HATIMORIA, P.O. MOIRABARI, P.S. MOIRABARI, DIST. MORIGAON, ASSAM, PIN-782126.

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., GUWAHATI-06.

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06.

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3:THE DY. SECRETARY

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TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR GHY.-06.

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4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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5:THE DY. COMMISSIONER MORIGAON ASSAM PIN-782105.

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6:THE INSPECTOR OF SCHOOLS

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MORIGAON DISTRICT CIRCLE MORIGAON ASSAM PIN-782105.

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7:SUPDT. OF HAJI ALTAFIA HIGH MADRASSA MORIGAON ASSAM PIN-782105

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Advocate for the Petitioner : MR. SK N MOHAMMAD

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE

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HON’BLE MR.JUSTICE N. KOTISWAR SINGH order

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03-02-2020

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Heard Mr. S.K. N.S. Mohammad, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned Standing Counsel, Secondary Education Department, Mr. B. Deuri, learned Government Advocate, Assam and Mr. R. Borpujari, learned Standing Counsel, Finance Department.

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Considering the nature of the case as well as the submissions advanced by learned counsel for the parties, this Court is of the view that the matter can be disposed of at this stage without issuing any formal notice to the respondents by directing the respondent authorities to consider the case of the petitioner.

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The petitioner was initially appointed as a Hindi Teacher in the Haji Altafia High Madrassa as per resolution dated 04.04.1997 passed by the Managing Committee of the said High Madrassa and was duly appointed on 06.04.1997 and joined the said Madrassa on

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07.04.1997 where she was teaching in that capacity till 2010. However, after Class-IX was

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abolished, the petitioner was engaged to teach Social Science in Class-IX and Class-X and since 2010 she has been serving as an Assistant Teacher in the said Madrassa and teaching Social Science till date.

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It has been submitted by learned counsel for the petitioner that the process for provincialisation of the service of the teaching and non-teaching staff of the said Madrassa is going on. However, the petitioner has reliably learned that the name of the petitioner has been dropped by the authorities from the list of teachers proposed to be provincialised and submits that if the petitioner’s case is not considered, she will suffer irreparable loss as she has been serving in the said Madrassa since 1997 as mentioned above.

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In this regard learned Standing Counsel, Secondary Education Department also submits that if the petitioner submits a detail representation before the Director of Secondary Education, it can be duly considered by the Director on the basis of the relevant documents and the materials available with the Madrassa as well.

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In that view of the matter, the present petition is disposed of directing the petitioner to submit a detail representation before the Director of Secondary Educaiton within a period of 2 (two) months from the date of receipt of a certified copy of this order with all supporting documents, so that the Director can consider the case of the petitioner and pass appropriate order for provincialisation of her service in accordance with law as early as possible.

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With the above observations and directions, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Mofiza Khanom v. the State of Assam and 6 Ors.

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Mofiza Khanom v. the State of Assam and 6 Ors.

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