Disposed

Jarjina Yesmin Ansari v. the State of Assam and 7 Ors.

Gauhati HC6 Aug 2021WP(C)/3118/2021

Case brief

AI extract

What is this about?

The High Court held that the petitioner had acquired a legal right under Section 3(1)(x) of the Assam Education Act, 2017, to be considered for provincialisation as the senior teacher. It ordered the Headmaster to transmit service particulars to the District Scrutiny Committee within 15 days for a reasoned order.

What did the court decide?

Directed the Headmaster to transmit service particulars to the District Scrutiny Committee within 15 days and the Committee to pass a reasoned order on the claim for provincialisation within two month

Jarjina Yesmin Ansari Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010073262021

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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)/3118/2021

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JARJINA YESMIN ANSARI

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W/O SELIM CHOUDHURY, R/O VILL- MOIRABARI, P.O.-MOIRABARI, P.S.MOIRABARI, DIST-MORIGAON, ASSAM, PIN-782126

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM (ELEMENTARY EDUCATION) DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON DIST-NAGAON ASSAM

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4:DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED BY RESPONDENT NO. 3 NAGAON DIST-NAGAON ASSAM

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5:THE BLOCK ELEMENTARY EDUCATION OFFICER BATADRAVA EDUCATION BLOCK NAGAON DIST-NAGAON ASSAM

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6:THE HEAD MISTRESS CUM SECRETARY OF THE BECHIMARI ABDUL SATTAR L.P. SCHOOL DIST-NAGAON ASSAM

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7:THE SCHOOL MANAGING COMMITTEE REPRESENTED BY RESPONDENT NO. 5 OF BECHAMARI ABDUL SATTAR L.P. SCHOOL VILL AND P.O.-BECHAMARI DIST-NAGAON ASSAM PIN-782123

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8:RINAMA KHATUN W/O BADUL MONAS VILL AND P.O.-BECHAMARI P.S.-DHING DIST-NAGAON ASSAM PIN-78212

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Advocate for the Petitioner : MR H DAS

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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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JUDGMENT

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Date : 06-08-2021

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Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. N.J. Khatuniar, learned counsel for the respondents No.1, 2, 3 and 5 being the authorities under the Elementary Education Department of the Govt. of Assam and Ms. D.D. Barman, learned Additional Senior Govt. Advocate for the respondent No.4.

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Considering the nature of the order proposed to be passed, we deem it appropriate that notice need not be issued on respondent Nos. 6 and 7.

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The petitioner was appointed as an Assistant Teacher in the Bechamari

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Abdul Sattar L.P. School in the Nagaon district on 17.10.2009. Earlier there was a dispute between the petitioner Jarjina Yesmin Ansari and the other teacher Rinama Khatun as to who between the two would be the first Assistant Teacher of the school. Consequently, Rinama Khatun had instituted WP(C) 2361/2020 claiming that she had submitted representation on 08.01.2018 and that she ought to be the first Assistant Teacher of the school. The said writ petition was given consideration by the order dated 09.06.2020, wherein, the Director of Elementary Education, Assam was required to decide the dispute between the petitioner and Rinama Khatun by giving them an opportunity of hearing. Consequent thereto, the District Elementary Education Officer by communication dated 13.08.2020 to the Director of Elementary Education, Assam had arrived at its conclusion that the writ petitioner is the first Assistant Teacher having been appointed on 17.10.2009 and Rinama Khatun is the second Assistant Teacher having been appointed on 24.11.2009.

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It is the grievance of the petitioner that although she had been declared to be the first Assistant Teacher of the school, the authorities concerned had not subjected her for consideration for being provincialised under the Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017 (in short Act of 2017).

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Mr. H. Das, learned counsel has referred to the provision of Section 3 (1)(x) of the Act of 2017 which inter alia provides that two number of teachers or tutors of the venture L.P. School would be provincialised under the Act of 2017. It is also stated that because of the dispute between the petitioner and other teacher Rinama Khatun in respect of Bechamari Abdul Sattar L.P. School, the only one teacher namely, Shaida Khatun was provincialised.

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In the circumstance, we have to understand that out of the two teachers of

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the school who are to be provincialised only one of them has been provincialised and the second teacher is yet to be provincialised. As the petitioner had got a decision from the authorities that she would be the next teacher in order of seniority in the school for provincialisation, a legal right has accrued to her under the provision of Section 3 (1)(x) of the Act of 2017 atleast for a consideration under the Act for provincialisation.

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We are in agreement with the submission of the learned counsel for the petitioner. Accordingly, this petition stands disposed of directing the Headmaster of Bechamari Abdul Sattar L.P. School L.P. School to transmit the service particulars of the petitioner to the District Scrutiny Committee of Nagaon district for its consideration. The District Scrutiny Committee after verification of record, shall pass a reasoned order on the claim of the petitioner for such provincialisation.

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The Headmaster of Bechamari Abdul Sattar L.P. School shall transmit the service particulars of the petitioner within a period of 15 days from the date of receipt of the certified copy of the order and thereafter the District Scrutiny Committee within a period of two months thereafter shall pass the reasoned order on the same.

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In the event, the conclusion arrived at by the District Scrutiny Committee is in favour of the petitioner, necessary steps be taken as per the Act of 2017.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Jarjina Yesmin Ansari v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Jarjina Yesmin Ansari v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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