Petitioner challenged error in his provincialisation order regarding his name and school. Court directed Director to conduct an enquiry and pass reasoned order within two months.
Direction to the Director of Elementary Education to conduct an enquiry and pass a reasoned order within two months.
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GAHC010113232021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3574/2021
NIBARAN CHANDRA DAS
S/O- NIROD CHANDRA DAS, VILL- CHALIGRAM, P.O. KALAIN, DIST.CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM 6 ORS TO BE REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GHY-6
2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR DIST.- CACHAR ASSAM 4:THE BLOCK ELEMENTARY EDUCATION OFFICER KATIGORAH P.O. HILARA DIST.- CACHAR ASSAM 5:THE DISTRICT LEVEL SCRUTINY COMMITTEE CACHAR DIST.- CACHAR ASSAM (TO BE REP. BY ITS CHAIRMAN-CUM-DY. COMMISSIONER
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CACHAR DIST.- CACHAR ASSAM
6:THE STATE LEVEL SCRUTINY COMMITTEE ASSAM (TO BE REP. BY ITS CHAIRMAN-CUM-THE DIRECTOR OF ELEMENTARY EDUCATION DEPTT. KAHILIPARA ASSAM 7:HEAD MASTER KANDIGRAM M.E. SCHOOL KHELMA PART-I P.O. GUMRA BAZAR DIST.- CACHAR ASSA
Advocate for the Petitioner : MR. J LASKAR
Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 09-08-2021
Heard Mr. J. Laskar, learned counsel for the petitioner. Also heard Mr. B. Kaushik, 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 as well as Mr. G. Pegu, learned counsel for the respondent No.5.
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Section 3 (1)(xi) of the Act of 2017 and he was provincialised as a language teacher. But in the order of provincialisation i.e. uploaded in the website of the department, the name of the petitioner was shown as Nabarun Chandra Das, whereas, his actual name is Nibaran Chandra Das and the name of the school was shown as Kandigram S.C. ME School.
Writ petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner was correctly provincialised under the misunderstanding of his name in the official records.
Whether an enquiry should be directed to ascertain the actual status of the petitioner's provincialisation.
1 provisions across 1 enactments
NIBARAN CHANDRA DAS
THE STATE OF ASSAM
THE DIRECTOR ELEMENTARY EDUCATION ASSAM
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
