Single judge disposed of an intra-court application seeking modification of a writ order refusing provincialisation benefits. The court held no modification was required as the petitioner could file an appeal under the specific Act.
The application for modification of the order dated 03.02.2021 was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010054712021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/728/2021
HUMAUN ROSHID
S/O. ABDUL GOFUR AHMED, R/O. VILL. FEKAMARI PART-II, P.O. FEKAMARI, DIST. SOUTH SALMARA MANKACHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF ELEMENTARY EDUCATION, DISPUR, GHY- 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19
3:THE DY. COMMISSIONER SOUTH SALMARA MANKACHAR HATSINGIMARI PIN- 783135
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DHUBRI P.O. AND DIST.- DHUBRI ASSAM PIN- 783301
5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) MANKACHAR EDUCATION BLOCK HATSINGIMARI PIN- 783135 6:A. KHALEQUZZAMAN AHMED HEAD MASTER OF DAYARCHAR M.E.MADRASSA S/O- LT. HAJI RAHMAN R/O- VILL. AND P.O. FEKAMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM
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PIN- 78313
Advocate for the Petitioner : MR. M A ISLAM
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/431/2021 HUMAUN ROSHID S/O- ABDUL GOFUR AHMED R/O- VILL- FEKAMARI PART-II P.O.- FEKAMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF ELEMENTARY EDUCATION DISPUR GHY-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DY. COMMISSIONER SOUTH SALMARA MANKACHAR HATSINGIMARI PIN- 783135 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DHUBRI P.O. AND DIST.- DHUBRI ASSAM PIN- 783301 5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) MANKACHAR EDUCATION BLOCK HATSINGIMARI PIN- 783135 6:A. KHALEQUZZAMAN AHMED HEAD MASTER OF DAYARCHAR M.E.MADRASSA S/O- LT. HAJI RAHMAN R/O- VILL. AND P.O. FEKAMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM
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PIN- 783135
-----------Advocate for : MR. M A ISLAM Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
25/03/2021
Heard Mr. M A Islam, learned counsel for the applicant/writ petitioner.
By this application, the applicant prays for modification of the order dated 03.02.2021 passed in WP(C) No. 431/2021 to the extent that a direction be given to the Director of Elementary Education, Assam to consider the appeal of the petitioner as a Social Studies Teacher in the Dayachar M.E. Madrassa under Mankachar Education Block and not as a language Teacher of the said M.E. Madrassa.
However, in the said order dated 03.02.2021 passed in said WP(C) No. 431/2021, the Court specifically observed that as the District Scrutiny Committee, Dhubri did not recommend the name of the petitioner for provincialisation of his service under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017 while recommending the names of some other junior teachers disregarding his better claim, the petitioner is at liberty to file appropriate appeal before the Director of Elementary Education, Assam for redressal of his grievances under Section 14 of the said 2017 Act.
In view of the above, the Court is of the opinion that no such modification is required in the said order dated 03.02.2021 passed in WP(C) No. 431/2021.
Accordingly, this I.A. stands disposed of.
JUDGE
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Comparing Assistant
1 issue framed by the court
Whether the impugned order dismissing the application for modification of a writ decision should be allowed given the earlier observations regarding the petitioner's claim for provincialisation.
1 provisions across 1 enactments
HUMAUN ROSHID
THE STATE OF ASSAM
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
