Partly allowed

Nirmal Chandra Sarkar v. the State of Assam and 6 Ors.

Gauhati HC10 Aug 2022WP(C)/1606/2021

Case brief

AI extract

What is this about?

In this writ petition, an Assistant Teacher sought provincialisation after being omitted from the Director's final order. The Court directed the petitioner to file an appeal under Section 14 of the Assam Education Act 2017 and continued the interim order.

What did the court decide?

Petitioner directed to file appeal under Section 14 of the Act of 2017; hearing directed within two months; interim order continued.

Nirmal Chandra Sarkar Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010228542021

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

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Case No. : WP(C)/1606/2021

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NIRMAL CHANDRA SARKAR S/O- SRI JAYRAM SARKAR R/O- VILL- NO. 2 BURGAON AND P.O. BURGAON P.S. MAYONG DIST.- MORIGAON ASSAM PIN- 782411 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION GOVT. OF ASSAM KAHILIPARA GHY-19 ASSAM 3:THE DY. COMMISSIONER MORIGAON ASSAM PIN- 782105 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON ASSAM PIN- 782105 5:NO. 2 BURGAON GARAKHIADHAP M.E.SCHOOL REP. BY THE HEADMASTER R/O- VILL- NO. 2 BURGAON AND P.O. BURGAON P.S. MAYONG DIST.- MORIGAON

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ASSAM PIN- 782411 6:THE HEADMASTER NO. 2 BURGAON GARAKHIADHAP M.E.SCHOOL R/O- VILL- NO. 2 BURGAON AND P.O. BURGAON P.S. MAYONG DIST.- MORIGAON ASSAM PIN- 782411 7:SRI SAMBHU CHARAN MAZUMDAR ASSTT. TEACHER NO. 2 BURGAON GARAKHIADHAP M.E.SCHOOL R/O- VILL- NO. 2 BURGAON AND P.O. BURGAON P.S. MAYONG DIST.- MORIGAON ASSAM PIN- 782411 8:KAMAKHYA CH. MANDAL HEADMASTER OF NO. 2 BURGAON GARAKHIADHAP M.E. SCHOOL R/O VILL.- NO. 2 BURGAON P.O.- BURGAON P.S.- MAYONG DIST.- MORIGAON ASSAM PIN- 782411. -----------Advocate for : MR. A GANGULY Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS

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BEFORE

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HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date :10.08.2022

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Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. N.J. Khataniyar, learned standing counsel, Elementary Education for the respondent Nos.1, 2 and 4. Ms. D.D. Borman, learned Govt. Advocate for respondent No.3 and Mr. S. Hoque, learned counsel for respondent No.8.

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The petitioner was appointed as Assistant Teacher of No.2 Burgaon

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Garakhiadhap M.E.School, Morigaon District, on the basis of the resolution dated 03.01.1994 of the Management Committee. The No.2 Burgaon Garakhiadhap M.E.School, Morigaon District, was recognized by order dated 14.12.2005, issued by the Director of Elementary Education. The name of the petitioner was also captured in the U-DISE code of the School dated 30.09.2019 at Sl. No.2 amongst the list of teachers.

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The State Government of Assam enacted the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions), Act 2017, (Act of 2017 in short).

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In terms of the Act of 2017, the necessary particulars of the Teaching and Non-Teaching staff of No.2 Burgaon Garakhiadhap M.E. School, Morigaon District, were submitted for the purpose of provincialisation of their services. Thereafter, the Director of Elementary Education issued final order for provincialisation of the services of teachers of different schools by order dated 05.02.2021. In the said order, the School of the petitioner i.e., No.2 Burgaon Garakhiadhap M.E.School, Morigaon District, appears at Sl. Nos. 6, 7 and 8 where the respondent No.8 and respondent No.7 along with one Sayed Noor Alam were provincialised. Being aggrieved, for non-consideration of his case, the petitioner is before this Court by way of the present writ petition.

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On 12.03.2021, when this matter was taken up, this Court was of the tentative opinion that Section 3 (1) (xi) of the Act of 2017 does not provide for provincialisation of services of a Teacher for all subjects in the same School by ignoring the language Teacher. Accordingly, it was directed that the provincialisation of the case of respondent No.8/Sri. Kamakhya Mandal would not be given effect to until further orders. Interim order continues till date.

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Mr. N.J. Khataniyar, learned standing counsel, Elementary Education on instructions submits that the case of the petitioner was not recommended by the District Scrutiny Committee.

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After hearing the learned counsel for parties and as the final order of provincialisation is already issued by the Director of Elementary Education by the order dated 05.02.2021, petitioner is directed to file an appeal under Section 14 of the Act of 2017, before the Secretary, Elementary Education/respondent No.1 within a period of 15(fifteen) days from today. Thereafter, the respondent No.1 on receipt of the said appeal shall hear the petitioner as well as respondent Nos.7 and 8 in person and thereafter, on verification of the records shall pass a reasoned order in accordance with law within a period of 2(two) months from the date of receipt of the appeal.

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With the above observations and directions, this writ petition is disposed of.

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Interim order passed on 12.03.2021, shall continue to operate till the appeal is disposed of.

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JUDGE

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Comparing Assistant

Nirmal Chandra Sarkar v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Nirmal Chandra Sarkar v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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