Petitioner appointed as honorary teacher before school provincialisation sought regularization. Court directed High Power Committee to consider claim within two months. Writ petition allowed.
Directed High Power Committee to consider petitioner's claim for regularization as a dropped teacher within two months.
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GAHC010014012015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2930/2015
MAL CHANDRA MILI
S/O SRI RATNESWAR MILI R/O NO. BORGAYAN, P.O. BORGAYAN, P.S. MAJULI GRAMIN, DIST. JORHAT, ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONR AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6, DIST. KAMRUP M, ASSAM.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-19 DIST. KAMRUP M ASSAM.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
JORHAT DIST. JORHAT ASSAM. 4:THE DEPUTY INSPECTOR OF SCHOOLS MAJULI KAMALABARI DIST. JORHAT ASSAM.
5:THE HEAD MASTER
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MAHKINA TINIALI VENTURE L.P. SCOOL GARMUR KAMALABARI DIST. JORHAT ASSAM.
6:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
EDUCATION ELEMENTARY DEPARTMENT and MEMBER SECRETARY HOGH POWER COMMITTEE.
7:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
EDUCATION ELEMENTARY DEPARTMENT and MEMBER SECRETARY HOGH POWER COMMITTEE. AND THE HIGH POWER COMMITTEE CONSTITUTED FOR THE SELECTION OF DROPPED TEACHERS DISPUR REP. BY THE MEMBER SECRETARY HIGH POWER COMMITTEE
Advocate for the Petitioner : MR.P TALUKDAR
Advocate for the Respondent : MR.B KUMARR-5
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 01-11-2021
Heard Ms. A. Das, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned counsel for the respondents No.1, 2, 3, 4 and 6 being the authorities under the Elementary Education Department of the Govt. of Assam.
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otherwise provincialised on 01.05.1995. It is apparent that the petitioner was appointed as an honorary teacher prior to the school being provincialised. In this respect, there is a judgment of this Court dated 23.03.2011 in WP(C) 1711/2011 by which there is a requirement to constitute a High Power Committee to consider the claim of regularization of such teachers who are appointed on honorary basis prior to the school concerned being provincialised, which in common parlance also called dropped teachers.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner, appointed as an honorary teacher prior to the provincialisation of the school, is entitled to regularization as a dropped teacher.
Whether the High Power Committee constituted under WP(C) 1711/2011 has considered the petitioner's claim yet.
MAL CHANDRA MILI
THE STATE OF ASSAM
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT
DIRECTOR OF ELEMENTARY EDUCATION, ASSAM
DISTRICT ELEMENTARY EDUCATION OFFICER, JORHAT
DEPUTY INSPECTOR OF SCHOOLS, MAJULI
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
