Petitioner challenged denial of provincialisation to a teacher despite recommendation, directing issuance of fresh notice to statutory authorities and disposal under final time limit.
Directing Secretary to hear petitioner and rival claimant within two months of appeal receipt; vacating interim order.
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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GAHC010104802022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1619/2022
SRI HANIF ALI S/O AKBAR ALI VILLAGE BHUTPUKHURI, PO NO. 1 PUNIA, DIST DARRANG, ASSAM 784115
VERSUS
AINAL HOQUE AND 6 ORS S/O LATE HASEM ALI R/O VILLAGE BHUTPUKHURI, PO NO. 1 PUNIA, DIST DARRANG, PIN-784115.
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI 06
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-19
4:THE STATE LEVEL SCRUTINY COMMITTEE
REPRESENTED BY ITS CHAIRMAN CUM DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI 19.
5:THE DISTRICT LEVEL SCRUTINY COMMITTEE
REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER
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DARRANG ASSAM 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG DIST DARRANG ASSAM. 7:THE HEADMASTER
BHUTPUKHURI JANAJAGARAN ME MADRASSA SIALMARA DALGAON
Advocate for the Petitioner : DR. B AHMED Advocate for the Respondent : MR. H ALI
Linked Case : WP(C)/1849/2021 AINAL HOQUE S/O LATE HASEM ALI R/O VILLAGE BHUTPUKHURI PO NO. 1 PUNIA DIST DARRANG VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI 19 4:THE DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED ITS CHAIRMAN CUM DEPUTY COMMISSIONER DARRANG ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG
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DIST DARRANG ASSAM 6:THE HEADMASTER BHUTPUKHURI JANAJAGARAN ME MADRASSA SIALMARA DALGAON 7:SRI HANIF ALI S/O AKBAR ALI VILLAGE BHUTPUKHURI PO NO. 1 PUNIA DIST DARRANG ASSAM 784115 -----------Advocate for : MR H R A CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
th 11 August, 2022
Heard Mr. H. Ali, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned standing counsel, Elementary Education Department, for respondent Nos. 1, 2, 3 and 5, Ms. D.D. Barman, learned Government Advocate, appearing on behalf of the respondent No. 4 and Mr. N. Hoque, learned counsel for the respondent No. 7.
Bhutpukhuri Janajagaran M.E. Madrassa was established in the year 1990 and the petitioner, on the basis of a resolution dated 20-03-2005, adopted by the Managing Committee of the said school, was appointed as Assistant Teacher (Social studies), to which post the petitioner joined on 21-03-2005. Bhutpukhuri Janajagaran M.E. Madrassa was given recognition on 01-01-2005 and the post held by the petitioner was approved by the concerned authority on 07-03-2017.
The State Government has enacted the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (hereinafter referred to as ‘the Act of 2017’).
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In terms of the Act of 2017, the process for provincialisation of teaching and non-teaching staff of Bhutpukhuri Janajagaran M.E. Madrassa was started and, thereafter, the District Scrutiny Committee, in its report, recommended the case of the petitioner and the respondent No. 7 along with two other teachers for provincialisation. However, the State Scrutiny Committee did not consider the case of the petitioner, as recommended by the District Scrutiny Committee and instead, provincialised the service of the respondent No. 7 by order dated 05-02-2021, issued by the Director, Elementary Education, Assam.
It is the case of the petitioner that Bhutpukhuri Janajagaran M.E. Madrassa, in which the petitioner is teaching, has enrolment of 163 students in Class-V to Class-VII for the year 2016 and 190 students for the year 2015.
The learned counsel for the petitioner, therefore, submits that in terms of Section Section 3(i)(XI) of the Act of 2017 the said school requires four teachers as stipulated in the Schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009. However, this aspect was not considered by the State Scrutiny Committee and, therefore, grave injustice has been done to the petitioner.
Section 14 of the Act of 2017 provides for an appeal before the State Government against any recommendation made by the State Scrutiny Committee.
Accordingly, the petitioner is directed to file an appeal as provided under Section 14 of the Act of 2017 before the respondent No.1/Secretary of Elementary Education Department, Assam, within a period of 15 days from today. Thereafter, on receipt of the appeal, the Secretary to the Government of Assam, Education (Elementary) Department, shall hear the petitioner as well as the respondent No. 7, in person, and pass appropriate order in accordance with law, within a period of two months from the date of receipt of the appeal.
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While considering the appeal, the respondent No. 1 shall also take into consideration Section 3(i)(11) of the Act of 2017 and also the stipulation of the Schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009.
The interim order passed on 25-03-2021 stands vacated.
With the above observations and directions this writ petition as well as the connected I.A. (Civil) No. 1619/2022 stand disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner, recommended for provincialisation by the District Scrutiny Committee, was denied due consideration by the State Scrutiny Committee?
Whether the rejection of the petitioner's case for provincialisation can be set aside in public interest?
Whether the dispute should be adjudicated upon by an appropriate authority before the Court?
Colour shows how this judgement treated each authority
Right of Children to Free and Compulsory Education Act, 2009Referred¶33
Right of Children to Free and Compulsory Education Act, 2009
1 provisions across 1 enactments
SRI HANIF ALI S/O AKBAR ALI
AINAL HOQUE AND 6 ORS
THE STATE OF ASSAM
THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT
THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
THE DISTRICT LEVEL SCRUTINY COMMITTEE
LANUSUNGKUM JAMIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
