Disposed

Aklas Uddin Mazarbhuiyan v. the State of Assam and Anr.

Gauhati HC13 Jun 2022WP(C)/1246/2022

Case brief

AI extract

What is this about?

The Court held thatApproaching the Director of Higher Education was the wrong forum for challenging the State Level Scrutiny Committee's rejection. The petitioner is directed to prefer an appeal under Section 14 of the 2017 Act before the State Government in the Higher Education Department.

What did the court decide?

Petitioner directed to approach State Government in the Higher Education Department under Section 14 of the 2017 Act; representation to be filed by 30.06.2022.

Aklas Uddin Mazarbhuiyan Vs the State of Assam and Anr. — Service and Employment | Gauhati HC (2022)

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GAHC010029242022

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THE GAUHATI HIGH COURT

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

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Case No. : WP(C)/1246/2022

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AKLAS UDDIN MAZARBHUIYAN

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S/O. AZMAT ALI MAZARBHIYAN BHATTACHARYYA, R/O. MOHANPUR, PART-VI, P.S. ALGAPUR, DIST. HAILAKANDI, ASSAM, PIN-788150. VERSUS

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THE STATE OF ASSAM AND ANR

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF HIGHER EDUCATION, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR HIGHER EDUCATION KHILIPARA GUWAHATI781019

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Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : SC, HIGHER EDU

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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13.06.2022

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Heard Mr. U K Goswami, learned counsel appearing for the petitioner and Mr. K Gogoi, learned Standing counsel, Higher Education Department, Assam for the respondents.

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It is submitted by the petitioner that since February, 2001 he is serving as a Lecturer in the Department of Economics at Moinul Haque Choudhury Memorial Science College, Algapur, Hailakandi and that the State Government in the Higher Education Department by its communication No. B(2)H.81/2001/57 dated 26.02.2022 informed the Director of Higher Education, Assam that Moinul Haque Choudhury Memorial Science College, Algapur, Hailakandi amongst others have the approval of subject- Economics for

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Three Year Degree Course from the session 1999-2000.

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Though, the petitioner’s name was recommended by the District Scrutiny Committee in Higher Education for Provincialisation of his service as an Assistant Professor of Economics in Moinul Haque Choudhury Memorial Science College, Algapur, Hailakandi, but the said selection committee did not recommend his name for provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 as amended in 2018.

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Thereafter, the petitioner filed a representation before the Director, Higher Education Assam on 10.02.2021 through the Principal of said Moinul Haque Choudhury Memorial Science College, Algapur for redressal of his grievances in not provincialising his service.

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As it was not disposed off for long and was pending before the Director, Higher Education Assam, the petitioner preferred a writ petition being WP(C) No. 5528/2021 and the Court by order dated 25.10.2021, while disposing of said writ petition of the petitioner i.e. WP(C) No. 5528/2021 directed the Director, Higher Education Assam to pass a reasoned order on the representation of the petitioner dated 10.02.2021, specifying the reasons as to why his case has not been considered for provincialisation and further directing the said authority to disposed off the representation within a period of 2 months from the date of receipt of a certified copy of the said order to be furnished by the petitioner.

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Pursuant to the same, the Director of Higher Education Assam vide No. PC/HE/CC/30/2021/19 dated 16.11.2021 passed a speaking order informing the petitioner the reasons for non-consideration of his case for provincialisation under the provisions of said 2017 Act, as amended in 2018.

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The Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act 2017 has been enacted w.e.f. 14.03.2018, from the date of its publication in the Assam Gazette (Extraordinary) to provincialise the services of the teachers of the Venture Educational Institutions (VEI) and also to reorganize and streamline the educational institutions up to Degree Level so as to conform to the prevailing statutory norms and standards with a further objective to restrict any

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further growth of such Venture Educational Institutions (VEI) in the State of Assam.

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The provisions of Sub-Sections (1) (2) (3) (10) (11) (12) of Section 13 of the said 2017 Act relates to the District Scrutiny Committee and the State Level Scrutiny Committee.

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The District Scrutiny Committee for Higher Educational specially constituted by the Deputy Commissioner of the District concerned is required to recommend the names of the concerned Lecturers for provincialisation under the said 2017 Act, as amended in 2018 to the State Level Scrutiny Committee and the State Level Scrutiny Committee after necessary physical verification of all institutions and on inspection of all documents and records produced before it and on calling of such other records and documents as may be required to recommend the names of the concerned Lecturers/ Assistant Professors towards such provincialisation.

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When there arises a difference between the recommendation of the District Level Scrutiny Committee and the physical verification report caused by the State Level Scrutiny Committee, the matter is required to be placed before the State Level Scrutiny Committee where the decision of the State Level Scrutiny Committee is final.

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Section 14 of the said 2017 Act, as amended in 2018 provides for an Appellate Authority which stipulates as follows-

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“ The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Level Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee ”.

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As the Act itself provides for statutory provision of an Appellate Authority as noted above, the petitioner is directed to approach the State Government in the Higher Education Department to prefer an appeal under Section 14 of the said 2017 Act, as amended in 2018 for redressal of his grievances, if any.

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It is to be noted herein that Section 14 of the 2017 Act does not provide for any such limitation period in preferring any such appeal.

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It is also seen that instead of approaching the State Government in the Higher Education Department for redressal of his grievances regarding rejection of his recommendation by the State Level Scrutiny Committee, the petitioner approached the wrong forum i.e. the Director of Higher Education Assam.

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In view of the above, this writ petition is disposed of at the motion stage itself, directing the petitioner to approach the State Government in the Higher Education Department for redressal of his grievances in rejecting his candidature for provincialisation inspite of the recommendation of the District Level Scrutiny Committee for Higher Education in the District of Hailakandi as Assistant Professor of Economics at Moinul Haque Choudhury Memorial Science College, Algapur, Hailakandi.

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Petitioner shall submit its representation before the Principal Secretary, Higher Education Department on or before 30.06.2022 stating his grievances along with a certified copy of this order and copy of this writ petition including the Annexures appended thereto, obtaining necessary acknowledgment from the said authority in that regard.

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In the event of filing such representation by the petitioner on or before 30.06.2022 as directed above, the Principal Secretary, Higher Education Department, Assam shall dispose of the representation of the petitioner within a period of 3(Three) months intimating the petitioner about the outcome of the same.

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With the above observation and direction, this writ petition stands disposed of.

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Comparing Assistant

Aklas Uddin Mazarbhuiyan v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Aklas Uddin Mazarbhuiyan v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

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