Writ petition against non-provincialization of petitioner's services as Classical Teacher. Court disposed of petition granting liberty to approach appellate authority under Section 14 of the Act.
Liberty granted to file appeal under Section 14 of the Act; appeal to be disposed within two months.
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.
Page No.# 1/3
GAHC010042272022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1715/2022
MUSTAFA SHAMIM BARBHUIYA S/O. LT. MUSABBIR ALI BARBHUIYA, R/O. KATIGORAH PART-III, P.O. KATIGORAH, DIST. CACHAR, ASSAM, PIN-788805.
VERSUS
THE STATE OF ASSAM AND 5 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GHY.-06.
2:THE ADDL. SECRETARY TO THE GOVT. OF ASSAM EDUCATIN (SECONDARY) DEPTT. DISPUR GHY.-06.
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-19. 4:THE INSPECTOR OF SCHOOLS
CDC CACHAR P.O. AND DIST. CACHAR SILCHAR ASSAM PIN-788001. 5:THE DIST. SCRUTINY COMMITTEE
Page No.# 2/3
REP. BY ITS CHAIRMAN THE DEPUTY COMMISSIONER CACHAR P.O. AND DIST. CACHAR SILCHAR ASSAM PIN-788001.
6:MISSION DIRECTOR SSA ASSAM
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : SC, SEC. EDU.
BEFORE HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 02.09.2022
Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned Standing Counsel for the Secondary Education Department, representing respondents No.1 to 4 and Mr. S. R. Barua, learned counsel for the respondent No.5.
Aggrieved by the non-provincialization of services of the petitioner as Classical Teacher(Persian) in Tarinipur High School, in the District of Cachar, the petitioner has preferred this writ petition.
On being pointed out by Mr. Sarma, learned Standing Counsel for the Secondary Education Department that against the non-provincialization of services of the petitioner under the Assam Education (Provincialization of Services of Teacher and Re-organization of Educational Institutions) Act, 2017(in short “Act of 2017”), there is an appellate forum provided under Section 14 thereof, Mr. Khan, learned counsel for the petitioner submits that this writ petition may be disposed of with a liberty granted to the petitioner to file an
Page No.# 3/3
appeal before the appellate authority under Section 14 of the Assam Education (Provincialization of Services of Teacher and Re-organization of Educational Institutions) Act, 2017, with a further direction to the appellate authority to dispose of the appeal that may be filed by the petitioner, within a stipulated time.
Having heard the submission made by the learned counsels appearing for the parties, this writ petition is disposed of with a liberty granted to the petitioner to approach the appellate authority u/s 14 of the Act of 2017. As and when the appeal is preferred by the petitioner in terms of the Section 14 of the Assam Education (Provincialization of Services of Teacher and Re-organization of Educational Institutions) Act, 2017, the appellate authority shall consider the case of the petitioner and dispose of the appeal in accordance with law that may be filed by the petitioner as expeditiously as possible, preferably, within a period of 2(two) months from the date of filing of the appeal.
The writ petition stands disposed of, in terms above.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a writ petition regarding non-provincialization of services can be disposed of while granting liberty to file an appeal under the relevant Act.
1 provisions across 1 enactments
MUSTAFA SHAMIM BARBHUIYA
THE STATE OF ASSAM
THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT.
THE ADDL. SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT.
THE DIRECTOR OF SECONDARY EDUCATION ASSAM
THE DIST. SCRUTINY COMMITTEE REP. BY ITS CHAIRMAN
NANI TAGIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
