Disposed

Bhaluk Kona Naljhar M E School v. the State of Assam and 3 Ors.

Gauhati HC16 Dec 2021WP(C)/4755/2021

Case brief

AI extract

What is this about?

The High Court directed the Director of Elementary Education to correct the DISE code for the petitioner school and pursue the matter for teacher provincialisation before the State Level Scrutiny Committee within two months. The writ petition was disposed of on these terms.

What did the court decide?

Direction to respondent no.2 to verify DISE code, pursue matter for provincialisation before State Level Scrutiny Committee within two months.

Bhaluk Kona Naljhar M E School Vs the State of… — Education and Admissions | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010137032021

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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)/4755/2021

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BHALUK KONA NALJHAR M E SCHOOL

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VILLAGE KURSAPAKHRI PT III (BHALUK-KONA) PO HASHDOBA, PS LAKHIPUR, DIST GOALPARA, ASSAM, REPRESENTED BY ITS HEAD MASTER ABU TALEB BHUYAN, AGED ABOUT 51 YEARS, S/O SHAKAT ALI BHUYAN, RESIDENT OF VILLAGE KURSAPAKHRI PART III, (BHALUKKONA) PO HASHDOBA, PS LAKHIPUR, DIST GOALPARA, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR GUWAHATI 781006

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2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019

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3:THE DISTRICT LEVEL SCRUTINY COMMITTEE GOALPARA

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REPRESENTED BY THE DEPUTY COMMISSIONER GOALPARA DISTRICT LEVEL SCRUTINY COMMITEE GOALPARA

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4:DISTRICT ELEMENTARY EDUCATION OFFICER

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Page No.# 2/4

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LAKHIPUR GOALPAR

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Advocate for the Petitioner : MR. D P CHALIHA

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 16.12.2021

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Heard Mr. D.P. Chaliha, learned senior counsel assisted by Ms. M. Roy, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned standing counsel for the Elementary Education Department and Mr. P. Saikia, learned Govt. Advocate appearing for the respondent no.3.

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It is projected by the learned senior counsel for the petitioner that Bhaluk Kona Naljhar M.E. School was established on 01.01.1987 and the school was recognized by the State Govt. w.e.f. 01.01.2005 and the education department allotted DISE Code No.0222604 for the school showing 5 teachers in the school. Subsequently, from the year 2012, the DISE Code was converted into 11 digit DISE Code number. The relevant records were forwarded for provincialisation of the teachers of the school, but in the provincialisation order dated 05.02.2021, the name of the petitioner school was not reflected and accordingly, the petitioner approached the respondent no.2 on 20.08.2021 and came to know that the DISE Code number is incorrectly reflected and as the

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process of provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 was already over, the officials in the office of the respondent no.2 expressed their inability to do anything in the matter and accordingly, this writ petition has been filed under Article 226 of the Constitution of India for a direction to the respondent authorities to re-examine the records of the school and for passing necessary orders for provincialisation of the teachers of the said school in accordance with law.

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Pursuant to direction contained in the order dated 10.12.2021 passed by this Court, the officials of the respondent no.2 authority had conducted a hearing on 15.12.2021 in the matter of Bhaluk Kona Naljhar M.E. School, Goalpara district and the committee of 3 officers had decided to request the Managing Director, SSA to verify the matter and furnish the actual DISE Code of the school along with teachers name in the DISE data for the year 2011-12 and that upon receipt of the verification repot, the committee had suggested to place the matter before the next State Level Scrutiny Committee meeting, if authority agreed. The minutes of the said meeting is retained on record.

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Accordingly, without giving any observation in the matter, the Court is of the considered opinion that ends of justice would be met if the respondent no.2 is directed to pursue the matter relating to providing correct DISE Code of the petitioner school after receipt of the verification report by pursuing the matter to be placed before the State Level Scrutiny Committee meeting.

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It is hoped that the entire exercise shall be completed within a

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period of 2 (two) months from the date of service of certified copy of the order to the respondent no.2.

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Writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Bhaluk Kona Naljhar M E School v. the State of Assam and 3 Ors.

Case brief

What is this about?

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Bhaluk Kona Naljhar M E School v. the State of Assam and 3 Ors.

Case brief

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