Petitioners challenged an order excluding them from provincialization services via a writ petition. This court was told the actual remedy lay in the designated appellate forums under the relevant Act.
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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GAHC010015542021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/734/2021
SUNITA KAKATI AND 3 ORS
D/O. MAHENDRA MOHAN KAKOTI, VILL. KSHUDRA PALAHA, P.O. BAIHATA CHARIALI, DIST. KAMRUP, ASSAM.
2: SYED ABDUL BAREQUE S/O. SYED AZIZAR RAHMAN VILL. DHUHI NO.1 P.O. DHUHI P.S. KAYAN DIST. KAMRUP ASSAM.
3: SMTI PRANITA KEOT D/O. RAMESH CH. KEOT R/O. VILL. DIMU NO.1 P.O. KSHUDRA DIMU P.S. RANGIA DIST. KAMRUP ASSAM.
4: MD. MOSTAKIM AHMED S/O. JAMIRUDDIN AHMED VILL. DHUHI NO.2 P.O. DHUHI P.S. KAYAN DIST. KAMRUP ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF SECONDARY EDUCATION, GUWAHATI-781006.
2:THE COMMISSIONER AND SECY.
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TO THE GOVT. OF ASSAM FINANCE (SIU) (STAFF INSPECTIN UNIT) DEPTT. DISPUR GUWAHATI-781006 ASSAM.
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM CUM THE CHAIRMAN STATE LEVEL SCRUTINY COMMITTEE HAVING ITS OFFICE AT KAHILIPARA GUWAHATI-781019. 4:THE INSPECTOR OF SCHOOLS CUM MEMBER SECRETARY DIST. SCRUTINY COMMITTEE FOR SECONDARY EDUCATION OFFICE OF THE INSPECTOR OF SCHOOL KAMRUP DISTRICT CIRCLE DADARA KAMRUP ASSAM PIN-781104.
5:THE CHAIRMAN
DISTRICT SCRUTINY COMMITTEE FOR SECONDARY EDUCATION OFFICE OF THE DY. COMMISSIONER KAMRUP AMINGAON ASSAM PIN-781031
Advocate for the Petitioner : MR. N K KALITA
Advocate for the Respondent : SC, SEC. EDU.
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
05/02/2021
Heard Mr. N Kalita, learned counsel for the petitioners. Also heard Mr. S M T Chistie, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 to 4 and Mr. B Deori, learned Government Advocate, Assam for the respondent No. 5.
It is submitted by the petitioners that behind their back, the District Scrutiny Committee for Secondary Education, Kamrup passed an order without considering their names for provincialization of their services in Azara Soneswar High School under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. Accordingly, the Directorate of Secondary Education, Assam on 04.02.2021 in its website published the name of the said high school along with the names of the teaching and non-teaching staff of the said school for provincialisation of their services under the said 2017 Act. As their names did not figure for provinicialisation of their services in the said school under the 2017 Act published in the website yesterday (04.02.2021), the petitioners being aggrieved have preferred this writ petition.
Section 14 of the said 2017 Act relates to ‘Appellate Authority’ and it reads as follows:
“14. The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any Page No.# 4/5 recommendation of the State Level Scrutiny Committee.”
Section 19 of the said 2017 Act relates to ‘Suit and Proceedings’ and Section 19 (2) reads as follows:-
“19.(2) To adjudicate disputes for redressal of grievances relating to the teaching staff of the Non-Government Educational Institution as well as disputes concerning disciplinary action, genuineness of establishment of school and claim for provincialisation in respect of teaching staff of Venture Educational Institution, there shall be an Educational Tribunal for each district within their respective Territorial Jurisdiction. The District and Sessions Judges and the Additional District and Sessions Judges of each District are designated as Educational Tribunal.”
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In view of the above, as provided under the said 2017 Act, the petitioners may approach the appropriate appellate forum for redressal of their grievances.
With the aforesaid observation and direction, this writ petition stands disposed of.
JUDGE
Comparing Assistant
Sunita Kakati and others
The State of Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
