Petitioner challenged delay in adjudicating her provincialisation claim under Article 227. Court directed the Educational Tribunal to dispose of the pending case within two months.
Direction to Educational Tribunal to dispose of Misc.(ET) Case No.1/2019 within two months by curtailing unnecessary adjournments.
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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GAHC010177812021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6724/2021
RAZIA BEGOM MAZUMDER @ RAJIA BEGUM MAZUMDER HEAD TEACHER OF ANIL BORA L.P. SCHOOL, W/O. MD. SARIF UDDIN LASKAR, VILL. AND P.O. NITAINAGAR, PIN-788155, DIST. HAILAKANDI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI-781006.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-781019.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
HAILAKANDI ASSAM PIN-788152.
4:THE D.I. OF SCHOOLS
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HAILAKANDI
ASSAM. PIN-788152.
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
HAILAKANDI PIN-788151.
6:THE DISTRICT LEVEL REDRASSAL COMMITTEE
REP. BY ITS CHAIRMAN DEPUTY COMMISSIONER HAILAKANDI PIN-788151.
7:THE EDUCATIONAL TRIBUNAL HAILAKANDI AT HAILAKANDI
Advocate for the Petitioner : MS. S B CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 15.12.2021
Heard Mrs. S.B. Choudhury, learned counsel for the petitioner. Also heard Ms. M. Phukan, learned standing counsel for the Elementary Education Department, representing respondent nos.1 to 5 and Mr. P. Saikia, learned Govt. Advocate appearing for the respondent nos.6 and 7.
The learned counsel for the petitioner has referred to order dated
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13.03.2019 passed by this Court in WP(C) 1120/2019, wherein amongst others, it was provided as follows:
“In view of the provisions contained in Section 19(2), as extracted above, claim of the petitioner for provincialisation is eminently a subject-matter of adjudication before the jurisdictional Educational Tribunal.
Since the School is situated in the district of Hailkandi, District and Sessions Judge, Hailakandi would be the competent Educational Tribunal to adjudicate the dispute raised by the petitioner. It would be open to the petitioner to approach the Educational Tribunal in terms of Section 19(2) of the 2017 Act and if such approach is made within 60 days from today, Educational Tribunal shall adjudicate the claim of the petitioner expeditiously and in accordance with law.
This disposes of the writ petition.”
It is submitted that the adjudication before the jurisdictional Educational Tribunal (respondent no.7) being Misc.(ET) Case No.1/2019 is still pending before the learned District Judge-cum-Chairman, Educational Tribunal, Hailakandi.
The learned counsel for the petitioner further submits that the learned Tribunal had called for an enquiry report, which has been produced before the learned Tribunal and thereafter there is no progress in the adjudication of the said matter.
Accordingly, by filing this writ petition under Article 227 of the Constitution of India, the petitioner has invoked the superintending jurisdiction of this Court for an appropriate order.
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Having considered the materials available on record and upon hearing the learned counsel for all sides, the Court is inclined to dispose of this writ petition with a direction to the learned Educational Tribunal to take note of the order dated 13.03.2019 passed in WP(C) 1120/2019 and make an endeavour to dispose of the Misc.(ET) Case No.1/2019 preferably within a period of 2 (two) months from the date of production of certified copy of this order, if required by curtailing unnecessary adjournments.
Writ petition stands disposed of with the direction as indicated above.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the writ court should intervene to expedite the pending adjudication of provincialisation claim by the Educational Tribunal.
Whether the direction to the Tribunal to dispose of the matter within two months constitutes appropriate exercise of superintending jurisdiction.
Whether there was delay or inaction by the Tribunal in adjudicating the petitioner's claim for provincialisation.
Colour shows how this judgement treated each authority
WP(C) 1120/2019Referred¶29
3 provisions across 2 enactments
Razia Begom Mazumder @ Rajia Begum Mazumder
The State of Assam
The Director of Elementary Education
The District Elementary Education Officer
The D.I. of Schools
The Educational Tribunal Hailakandi
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
