Disposed

Anita Nath v. Jatindra Roy @ Jatindra Ray and 5 Ors. E

Gauhati HC18 Apr 2022I.A.(Civil)/613/2022

Case brief

AI extract

What is this about?

In this writ petition and related interlocutory applications challenging a recruitment notification for venture upper primary school teachers, the Court held that the matter required complete hearing on merits. Consequently, the Court disposed of the interlocutory applications at the admission stage without altering the impugned order. The Court refrained from passing any interim order other than

What did the court decide?

Both Interlocutory Applications disposed of; main writ petition left for final hearing; prior order of the Court not modified.

Anita Nath Vs Jatindra Roy @ Jatindra Ray and 5… — Education and Admissions | Gauhati HC (2022)

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GAHC010004952022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/137/2022

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RUP KUMAR NATH

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S/O LATE SAHADEV NATH, VILL-CHAKIHALI, P.O.-CHAKIHALI, P.S.MANIKPUR, DIST-BONGAIGAON (ASSAM), PIN-783392

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VERSUS

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JATINDRA ROY @ JATINDRA RAY AND 5 ORS. S/O LATE SOSHI MOHAN DAS, VILL. BOGULAMARI, P.O. BALAPET VIA SORBHOG, P.S. SORBHOG, PIN 783384, DIST. BARPETA, ASSAM.

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2:THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER AND SECY. GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GUWAHATI 6

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3:THE DIRECTOR ELEMENTARY EDUCATION CUM CHAIRMAN

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STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19

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4:THE DIST. LEVEL SCRUTINY COMMITTEE

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BONGAIGAON REPRESENTED BY ITS CHAIRMAN CUM THE DEPUTY COMMISSIONER BONGAIGAON ASSAM

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PIN 783390

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5:THE DIST. ELEMENTARY EDUCATION OFFICER

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BONGAIGAON DIST. DIST. BONGAIGAON ASSAM PIN 783390 6:ANITA NATH S/O LATE KAMESWAR NATH VILL. AND P.O. CHAKIHALI P.S.MANIKPUR DIST BONGAIGAON ASSAM PIN 78339

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Advocate for the Petitioner : MR. A HUSSAIN

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Advocate for the Respondent : GA, ASSAM

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Linked Case : I.A.(Civil)/613/2022

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ANITA NATH D/O LATE KAMESWAR NATH VILL-CHAKIHALI P.O.-CHAKIHALI P.S.-MANIKPUR DIST-BONGAIGAON (ASSAM) PIN-783392

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VERSUS

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JATINDRA ROY @ JATINDRA RAY AND 5 ORS E S/O LATE SOSHI MOHAN DAS VILL-BOGULAMARI P.O.-BALAPET VIA SORBHOG P.S.-SORBHOG DIST-BARPETA (ASSAM) PIN-781317

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2:THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR OF ELEMENTARY EDUCATION CUM CHAIRMAN STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DISTRICT LEVEL SCRUTINY COMMITTEE BONGAIGAON REPRESENTED BY ITS CHAIRMAN CUM THE DEPUTY COMMISSIONER BONGAIGAON ASSAM PIN-783390 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON BONGAIGAON DIST-BONGAIGAON ASSAM PIN-783390 6:RUP KUMAR NATH S/O LATE SAHADEV NATH VILLAGE AND PO CHAKIHALI PS MANIKPUR DIST. BONGAIGAON ASSAM PIN-783392 -----------Advocate for : MR. A MOBARAQUE Advocate for : GA ASSAM appearing for JATINDRA ROY @ JATINDRA RAY AND 5 ORS E

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Linked Case : WP(C)/3850/2021

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JATINDRA ROY @ JATINDRA RAY S/O LATE SOSHI MOHAN DAS VILL-BOGULAMARI P.O.-BALAPET VIA SORBHOG P.S.-SORBHOG DIST-BARPETA (ASSAM) PIN-781317

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VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM CUM CHAIRMAN STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT LEVEL SCRUTINY COMMITTEE BONGAIGAON REPRESENTED BY ITS CHAIRMAN CUM THE DEPUTY COMMISSIONER BONGAIGAON ASSAM PIN-783390 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON DISTRICT BONGAIGAON DIST-BONGAIGAON ASSAM PIN-783390 5:RUP KUMAR NATH S/O LATE SAHADEV NATH VILL-CHAKIHALI P.O.-CHAKIHALI P.S.-MANIKPUR DIST-BONGAIGAON (ASSAM) PIN-783392 6:ANITA NATH D/O LATE KAMESWAR NATH VILL-CHAKIHALI P.O.-CHAKIHALI P.S.-MANIKPUR DIST-BONGAIGAON (ASSAM) PIN-783392 -----------Advocate for : MR. K R PATGIRI Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 18.04.2022

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Heard Mr. A. Hussain, the learned counsel appearing for the respondent No.5/applicant in I.A. No.137/2022 and Mr. A. Mobaraque, the learned counsel appearing for the respondent No.6/applicant in I.A. No.613/2022 and Mr. K.R. Patgiri the learned counsel appearing on behalf of the writ petitioners and Mr. A. Phukan, the learned counsel appearing on behalf of the Elementary Education Department.

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The issue involved in the instant writ petition pertains to as to whether in spite of the mandate of Section 3(xi) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational and Institutions) Act, 2017, which stipulates that Venture Upper Primary School, there shall be minimum 3 (three) teachers or tutors, i.e. 1 (one) teacher each of (a) Science and Maths, (b) Social Studies and (c) Languages; can the Respondent Authorities instead provincialise the services of 2 (two) language teachers and 1 (one) Science and Maths teacher as has been done in the instant case whereby the respondent Nos.5 and 6 along with one Ajijur Rahman, whose services have been provincialised vide the impugned notification dated 04.02.2021. Adjudication of the Interlocutory Applications, whereby the order dated 23.08.2021 has been sought to be vacated, modified or altered would affect the final decision of the case on merits and accordingly this Court is not inclined to modify/alter/vacate the order dated 23.08.2021 passed by this court. Instead this Court is of the opinion that the matter needs to be heard in the

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entirety. Accordingly, an attempt would be made to dispose of the writ petition at the admission stage.

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Accordingly, both the I.A.s stands disposed of.

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JUDGE

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Comparing Assistant

Anita Nath v. Jatindra Roy @ Jatindra Ray and 5 Ors. E

Case brief

What is this about?

What did the court decide?

Anita Nath v. Jatindra Roy @ Jatindra Ray and 5 Ors. E

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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