The Court heard an interlocutory application to vacate an interim order in a provincialisation dispute. The Court rejected arguments regarding the petitioner's lack of B.Ed. qualification and the presence of a senior teacher not impleaded.
Interlocutory application for vacating interim order answered; application stands dismissed.
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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GAHC010004992022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/99/2022
RAHMAT ALI SHEIKH
S/O DAREG ALI, VILL. AND P.O. TILPUKHURI, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM, PIN 783384
VERSUS
MOFIDUL ISLAM TALUKDAR AND 6 ORS. S/O LATE SONA ULLAH TALUKDAR, VILL. CHAILABARI PT.I, P.O. KIRTANPARA, P.S. MERERCHAR, DIST. BONGAIGAON, ASSAM, PIN 783384
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECY. GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GUWHATI.
3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR GHY 6
4:THE DIRECTOR OF ELEMENTARY EDUCATION CUM CHAIRMAN
STATE SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI 19
5:THE DEPUTY COMMISSIONER BONGAIGAON CUM CHAIRMAN
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DIST. LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION BONGAIGAON P.O. AND P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN 783380
6:THE DIST. ELEMENTARY EDUCATION OFFICER CUM MEMBER SECY. OF DIST. LEVEL SCRUTINY COMMITTEE
BONGAIGAON P.O. AND P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN 783380
7:THE BLOCK ELEMENTARY EDUCATION OFFICER
SRIJANGRAM P.O. AND P.S. SRIJANGRAM DIST. BONGAIGAON ASSAM PIN 78338
Advocate for the Petitioner : MR A HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 02-06-2022
Heard Mr. A Hussain, learned counsel for the applicant and Mr. H R Ahmed, learned counsel for the writ petitioner. Also heard Mr. P N Sarma, learned counsel for the authorities under the Elementary Education Department, Government of Assam, Mr. R Borpujari, learned counsel for the Finance Department, Government of Assam and Mr. G Bokolial, learned Junior Government Advocate for the Deputy Commissioner, Bongaigaon.
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respondent no. 7 Rahmat Ali Sheikh on the ground that the writ petitioner Mofidul Islam Talukdar was appointed on 06.08.1998 and he is discharging the duties as a teacher in Assamese i.e. a language teacher. On the other hand, the applicant respondent no. 7 Rahmat Ali Sheikh was appointed on 18.06.1999 and he is discharging the duties as a teacher in English which is a language teacher.
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JUDGE
Comparing Assistant
3 issues framed by the court
Whether an interim order restraining benefit of provincialisation to a junior teacher should be vacated on the grounds of B.Ed. qualification or seniority of another teacher.
Whether the existence of a senior teacher not involved in the proceedings affects the validity of an order in favour of a junior teacher.
Whether lack of B.Ed. qualification precludes provincialisation when the Act provides for provincialisation as a tutor without such qualification.
1 provisions across 1 enactments
RAHMAT ALI SHEIKH
THE STATE OF ASSAM
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
