Allowed

Shahid Ali Mondal v. the State of Assam and 7 Ors.

Gauhati HC1 Nov 2021WP(C)/2228/2020

Case brief

AI extract

What is this about?

The Gauhati High Court directed the Director of Elementary Education to process a recommendation for the petitioners provincialisation as a social science teacher within two months, lifting a stay on a respondents own provincialisation as there was no conflict of interest between their respective posts.

What did the court decide?

Writ petition allowed; interim order staying provincialisation of respondent No.8 vacated; writ petitioner directed to be provincialised as social science teacher within two months with a reasoned ord

Shahid Ali Mondal Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010133562021

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

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WP(C)/2228/2020

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SHAHID ALI MONDAL S/O- SAKMAN ALI R/O- VILL- BALUPARA P.O- AIRKATA P.S- FAKIRGANJ DIST- DHUBRI ASSAM PIN- 783330

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPTT OF ELEMENTARY EDUCATION DISPUR GUWAHATI- 781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI- 781019

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3:THE STATE LEVEL SCRUTINY COMMITTEE KAHILIPARA GUWAHATI DIST- KAMRUP (M) ASSAM PIN- 781019

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4:THE DISTRICT LEVEL SCRUTINY COMMITTEE DHUBRI DIST- DHUBRI

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REP. BY THE DEPUTY COMMISSIONER DHUBRI (CHAIRMAN) OF THE DISTRICT LEVEL SCRUTINY COMMITTEE DHUBRI PIN- 783330 5:THE DEEO DHUBRI PIN- 783330 6:THE DEPUTY COMMISSIONER DHUBRI PIN- 783330 7:THE HEADMASTER BALUPARA M E MADRASSA PIN- 783330 8:GORIBULLA DEWAN HEAD MASTER BALUPARA M E MADRASSA PIN- 783330 -----------Advocate for : MS. K JAIN Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 7 ORS

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 01-11-2021

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Heard Ms. K. Jain, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for the respondents No.1, 2, 3 and 5 being the authorities under the Elementary Education Department of the Govt. of Assam, Ms. D.D. Barman, learned counsel for the respondent No. 4 & 6 being the Deputy Commissioner, Dhubri, Mr. M.A.I. Hussain, learned counsel for the respondents No. 7 & 8 being the Headmaster.

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The writ petitioner Shahid Ali Mondal who is a social science teacher in the Balupara M.E. Madrassa was recommended for provincialisation by the District

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Scrutiny Committee, Dhubri under Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 ( in short Act of 2017) as a social science teacher. The respondent No.8 Goribulla Dewan who is also the Headmaster of the school was recommended for provincialisation as a language teacher. Although Goribulla Dewan had been provincialised as a language teacher but the petitioner Shahid Ali Mondal was not so provincialised.

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In the circumstance, this petition is instituted.

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By the interim order dated 01.06.2020, further provincialisaltion of the respondent No.8 was stayed.

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As the respondent No.8 had been provincialised against the subject language and the recommendation of the petitioner is against social science, there is no conflict of interest between the petitioner and the respondent No.8.

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In view of such conclusion, the interim order dated 01.06.2020 restraining the provincialisation of the respondent No.8 stands vacated. But at the same time, we also notice that there is a recommendation by the District Scrutiny Committee for provincialisation of the petitioner as a social science teacher, but it had not been carried further.

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As there is a recommendation in favour of the petitioner by the District Scrutiny Committee for provincialisation as a social science teacher, we direct the Director of Elementary Education Department, Assam to bring to its logical end the recommendation of the District Scrutiny Committee in favour of the petitioner for provincialisation as a teacher of social science by passing a reasoned order.

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The requirement be done within a period of two months from the date of

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receipt of the certified copy of the order.

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Writ petition stands allowed as indicated above.

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JUDGE

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Comparing Assistant

Shahid Ali Mondal v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Shahid Ali Mondal v. the State of Assam and 7 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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