Allowed

Nazim Uddin v. the State of Assam and 10 Ors.

Gauhati HC12 Nov 2021WP(C)/2112/2021

Case brief

AI extract

What is this about?

The Gauhati High Court held that the petitioner, a teacher in a school with 135 students, has a legal right to two additional provincialisation posts based on RCEA norms. The court directed authorities to verify enrolment and pass a reasoned order within two months, recalling an interim order denying benefits to a provincialised language teacher.

What did the court decide?

Authorities directed to ascertain enrolment and pass reasoned order within two months for two additional provincialisation posts; interim order recalling language teacher deserves benefits recalled.

Nazim Uddin Vs the State of Assam and 10 Ors. — Education and Admissions | Gauhati HC (2021)

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GAHC010117612021

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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)/2112/2021

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NAZIM UDDIN 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 10 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. 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. 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 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 VILL. NAYER ALGA PART-II

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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. -----------Advocate for : MR. M A SHEIKH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 10 ORS

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 12-11-2021

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Heard Mr. M A Sheikh, learned counsel for the petitioner. Also heard Mr. N J Khataniar, learned counsel for the respondents no. 1, 2 3, 5, 6 and 7 being the authorities under the Elementary Education Department, Government of Assam and Mr. S R Barua, learned counsel for the respondent no. 4 being the Deputy Commissioner, Dhubri.

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Considering the nature of the order proposed to be passed, hearing of the respondents no. 8, 9 and 10 is not required for the present.

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Mr. D C Nath, learned counsel for the respondent no. 11 agrees to the same.

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The petitioner Nazim Uddin is an Assistant Teacher in the Dakhin Bahir Chuapata ME Madrassa in the Dhubri district having been appointed on 06.03.2008 and he is continuously serving till date. The respondent no. 11 Siddique Hussain is also a teacher in the school concerned having been appointed on 01.01.1991 and he is a teacher in the subject hindi meaning thereby a language teacher. By the order impugned the respondent no. 11 Siddique Hussain had been provincialised. The petitioner claims that the school concerned has 135

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students and therefore, under proviso to Section 3(1)(xi) of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (in short, the Act of 2017), entitled for additional post for the purpose of provincialisation. From such point of view, we do not find any requirement of the petitioner to assail the provincialisation of the respondent no. 11 as he had been provnicialised as a language teacher and as under the proviso to Section 3(1)(xi) of the Act of 2017 there is an entitlement of one language teacher being provincialised.

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Proviso to Section 3(1)(xi) of the Act of 2017 provides for additional post if the enrolment of the school concerned in accordance with the norms and standards stipulated in the Schedule under Sections 19 and 35 of the Right of Children to Free and Compulsory Education Act, 2009 (in short, the Act of 2009) is satisfied in respect of a given school. The Schedule to the Act of 2009 provides for five numbers of teachers if the enrolment in a given school is between 121 and 200.

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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 two teachers over and above the three 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 provincialisation of the two additional posts over and above the three posts that had already been provincialised.

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The requirement of passing the reasoned order be done within a period of two months from the date of receipt of the certified copy of the order. As we have arrived at a conclusion

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that there is no infirmity in the provincialisation of the respondent no. 11 Siddique Hussain, the earlier interim order stands recalled and in effect the benefits of provincialisation be given to the respondent no. 11 from the date of the provincialisation.

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Whatever order is passed be communicated to the petitioner and if necessary, the petitioner be also given a hearing in the process.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Nazim Uddin v. the State of Assam and 10 Ors.

Case brief

What is this about?

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Nazim Uddin v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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