Disposed

Anjali Roy v. the State of Assam and 6 Ors.

Gauhati HC3 Aug 2022WP(C)/1801/2021

Case brief

AI extract

What is this about?

This writ petition concerns a teacher seeking provincialisation of service who was bypassed by the State Scrutiny Committee despite a District Committee recommendation. The Court directed the petitioner to file an appeal under the relevant Act and disposed of the writ petition.

What did the court decide?

Petitioner directed to file an appeal under Section 14 of the Assam Education Act, 2017 before Respondent No. 1 within three weeks.

Anjali Roy Vs the State of Assam and 6 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010005892022

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

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WP(C)/1801/2021

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ANJALI ROY W/O. SHRI BIRENDRA NATH ROY TOWN GAURIPUR WARD NO.1 P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REP. BY ITS COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION DEPTT. (ELEMENTARY) DISPUR ASSAM-06.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19. 3:THE DIST. ELEMENTARY EDUCATION OFFICER

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DHUBRI ASSAM. 4:THE EXECUTIVE DIRECTOR SARBA SIKHSHA ABHIYAN MISSION (SSA) ASSAM KAHILIPARA GUWAHATI-781019. 5:THE DIST. SCRUTINY COMMITTEE

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Page No.# 2/4

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DHUBRI REP. BY ITS CHAIRMAN DIST. DHUBRI ASSAM. 6:SMT. KALPANA KUNDU W/O. SHRI RATNESWAR DEBNATH VILL. KHALILPUR P.O. KHALILPUR PS. DHUBRI DIST. DHUBRI ASSAM PIN-783324. 7:RAM KRISHNA NATH S/O. SRI DAIBAR NATH VILL. AND P.O. KHALILPUR P.S. DHUBRI DIST. DHUBRI ASSAM PIN-783325. -----------Advocate for : MR. P K DEKA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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rd 3 August, 2022

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Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. N.J. Khatinuar, learned standing counsel, Elementary Education Department, for respondent Nos. 1, 2 and 3, Mr. S. Bora, learned standing counsel, SSA, for respondent No. 4, Ms. D.D. Barman, learned Government Advocate for respondent No. 5, Mr. A.C. Sarma, learned senior counsel, assisted by Mr. B. Haldar, learned counsel for the respondent No. 6 and Ms. K. Devi, learned counsel for respondent No. 7.

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Page No.# 3/4

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The School Management Committee of Udayan M.E. School, Khalilpur, appointed the petitioner as an Assistant Teacher to which the petitioner joined on 27-05-2003.

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The State Government has enacted the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (hereinafter referred to as ‘the Act of 2017’). The petitioner fulfils all the eligibility criteria for provincialising his service in terms of the Act of 2017.

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Accordingly, the District Scrutiny Committee, after verification, had recommended the Udayan M.E. School, Khalilpur, for provincialisation of the service of the petitioner for the post of Social Science and the case of the respondent Nos. 6 and 7 for Language Teachers. However, the State Scrutiny Committee did not consider the case of the petitioner, as recommended by the District Scrutiny Committee and instead, provincialised the service of the respondent Nos. 6, 7 and one Mozahar Ali leaving aside the case of the petitioner.

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The Director, Elementary Education, Assam, issued a notification dated 0402-2021 provincialising the services of 3309 Tutors against 1698 of Venture Lower Primary Schools and 6586 Tutors against 2107 of Recognized Upper Primary Schools of 27 district of Assam, wherein the names of the respondent Nos. 6, 7 and the said Mozahar Ali appear at Sl. Nos. 273, 274 and 275.

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It is the case of the petitioner that he was recommended by the District Scrutiny Committee as Assistant Teacher (Social Science) and the respondent Nos. 6 and 7 were recommended as Language Teachers, however, the State Scrutiny Committee, on consideration, had recommended the respondent Nos. 6 and 7 as Assistant Teacher (Language).

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Being aggrieved for non-consideration of the case of the petitioner by the State Scrutiny Committee despite being recommended by the District Scrutiny

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Page No.# 4/4

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Committee, the petitioner is before this Court by way of this writ petition.

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Section 14 of the Act of 2017 provides for an appeal before the State Government against the recommendation made by the State Scrutiny Committee.

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Accordingly, the petitioner is directed to file an appeal as provided under Section 14 of the Act of 2017 before the respondent No.1/Secretary of Elementary Education Department, Assam, within a period of three weeks from today. Thereafter, on receipt of the appeal, the Secretary to the Government of Assam, Education (Elementary) Department, shall hear the petitioner as well as the respondent Nos. 6 and 7, in person, and pass appropriate order in accordance with law, within a period of two months from the date of receipt of the appeal.

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In the meantime, the respondent Nos. 6 and 7 shall be allowed to function in terms of the notification dated 04-02-2021, issued by the Director, Elementary Education Department, Assam.

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The interim order passed by this Court stands vacated inasmuch as the petitioner has no grievance against the respondent Nos. 6 and 7 nor the respondent Nos. 6 and 7 has any grievance against the petitioner.

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While considering the appeal, the respondent No. 1 shall also take into consideration Section 3(i)(11) of the Act of 2017.

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

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JUDGE

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Comparing Assistant

Anjali Roy v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Anjali Roy v. the State of Assam and 6 Ors.

Case brief

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