Allowed

Nazim Uddin v. the State of Assam and 5 Ors.

Gauhati HC20 Dec 2021I.A.(Civil)/2159/2021

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application seeking corrections to a previous order (WP(C)/2112/2021). The corrections adjusted the number of teachers entitled to provincialisation for a specific madrasa from two additional posts to one additional post, based on enrollment figures.

What did the court decide?

I.A. allowed. The order dated 12.11.2021 in WP(C)/2112/2021 read with corrected paragraphs specifying one additional post over four posts instead of two over three.

Nazim Uddin Vs the State of Assam and 5 Ors. — Education and Admissions | Gauhati HC (2021)

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GAHC010202532021

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

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Case No. : I.A.(Civil)/2159/2021

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NAZIM UDDIN

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S/O. SOHRAB ALI, VILL. SUAPATA, PART-V, P.O. SUAPATA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI-781006.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION OFFICER CUM MEMBER SECRETARY

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ASSAM KAHILIPARA GUWAHATI-781006.

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3:THE DIST. ELEMENTARY EDUCATION OFFICER CUM MEMBER SECY.

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DHUBRI DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY SCHOOLS DHUBRI ASSAM P.O. P.S. AND DIST. DHUBRI ASSAM PIN-783301.

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4:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION OF DHUBRI DISTRICT REP. BY ITS CHAIRMAN/DY. COMMISSIONER DHUBRI P.O.

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P.S. AND DIST. DHUBRI ASSAM PIN-783301. 5:THE DY. INSPECTOR OF SCHOOLS BILASIPARA P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER

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BILASIPARA P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348 7:THE STATE SCRUTINY COMMITTEE OF THE STATE OF ASSAM FOR ELEMENTARY EDUCATION REP. BY ITS CHAIRMAN/DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 8:THE MANAGING COMMITTEE OF DAKHIN BAHIR CHUAPATA M.E. MADRASSA REP. BY ITS SECRETARY/HEADMASTER VILL. NAYER ALGA PART-II P.O. NAYER ALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348. 9:THE HEAD MASTER CUM SECRETARY OF DAKHIN BAHIR CHUAPATA M.E. MADRASSA REP. BY ITS SECRETARY/HEADMASTER VILL. NAYAER ALGA PART-II P.O. NAYER ALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348. 10:THE DAKHIN BAHIR CHUAPATA M.E. MADRASSA REP. BY ITS HEADMASTER

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VILL. NAYER ALGA PART-II P.O. NAYER ALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348. 11:SIDDIQUE HUSSAIN S/O. LT. MOKRAM ALI VILL. SUAPATA PART-V P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348

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Advocate for the Petitioner : MR. M A SHEIKH

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 20-12-2021

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Heard Mr. M A Sheikh, learned counsel for the applicant. Also heard Mr. D C Nath, learned counsel for the respondents in the PNRD.

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A correction is sought for by this interlocutory application to the order dated 12.11.2021 in WP(C)/2112/2021.

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In paragraph 6 of the order dated 12.11.2021 in WP(C)/2112/2021, it had been provided as under:

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“6. If the number of students in the Dakhin Bahir Chuapata ME Madrassa is factually 135, the said school in terms of enrolment would be a school where the enrolment is between 121 and 200 and accordingly, under the Schedule to the Act of 2009, there would be an entitlement for five teachers being provincialised. On a reading of the said provisions conjointly with the provisio to Section 3(1)(xi) of the Act of 20217, it has to be understood that if the enrolment in the Dakhin Bahir Chuapata ME Madrassa is 135, the school would

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be entitled for provincialisation for five teachers i.e. the additional two teachers over and above the three teachers provincialised under Section 3(1)(xi) of the Act of 2017.”

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Whereas in paragraph 7 it is provided as under:

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“7. In the aforesaid factual situation, we find a legal right in favour of the petitioner for a consideration by the authorities to ascertain the enrolment of students in the Dakhin Bahir Chuapata ME Madrassa by verifying from the records and if, upon such verification, a factual conclusion is arrived that the number of students is between 121 and 200, necessary order be passed on provincialisation of the two additional posts over and above the three posts that had already been provincialised.”

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In paragraph 6 of the order dated 12.11.2021 in WP(C)/2112/2021, a correction is sought that the expression “….the additional two teachers over and above the three teachers…” should be read as “additional one teacher over and above the four teachers”.

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Similarly, in paragraph 7, the expression “....provincialisation of the two additional posts over and above the three posts…” be now read as one additional post over and above four posts.

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Paragraphs 6 and 7 of the order dated 12.11.2021 in WP(C)/2112/2021 be now read as under:

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“6. If the number of students in the Dakhin Bahir Chuapata ME Madrassa is factually 135, the said school in terms of enrolment would be a school where the enrolment is between 121 and 200 and accordingly, under the Schedule to the Act of 2009, there would be an entitlement for five teachers being provincialised. On a reading of the said provisions conjointly with the provisio to Section 3(1)(xi) of the Act of 20217, it has to be understood that if the enrolment in the Dakhin Bahir Chuapata ME Madrassa is 135, the school would be entitled for provincialisation for five teachers i.e. the additional one teacher over and above the four teachers provincialised under Section 3(1)(xi) of the Act of 2017.”

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In the aforesaid factual situation, we find a legal right in favour of the petitioner for a consideration by the authorities to ascertain the enrolment of students in the Dakhin Bahir Chuapata ME Madrassa by verifying from the records and if, upon such verification, a factual conclusion is arrived that the number of students is between 121 and 200, necessary order be passed on

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provincialisation of the one additional post over and above the four posts that had already been provincialised.”

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I.A. stands allowed in the above terms.

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The order dated 12.11.2021 in WP(C)/2112/2021 be now read by incorporating the aforesaid corrections.

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JUDGE

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Comparing Assistant

Nazim Uddin v. the State of Assam and 5 Ors.

Case brief

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Nazim Uddin v. the State of Assam and 5 Ors.

Case brief

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