Disposed

Jyotisha Mahanta and 8 Ors. v. the State of Assam and 4 Ors.

Gauhati HC6 Sept 2022WP(C)/2280/2022

Case brief

AI extract

What is this about?

Nine teachers sought provincialization of services under the Assam Education Act, 2017. The Court dismissed this writ petition, granting liberty only to approach the statutory appellate authority via a Section 14 appeal.

What did the court decide?

Writ petition disposed; liberty granted to prefer an appeal under Section 14 of the Assam Education Act, 2017 before the appellate authority.

Jyotisha Mahanta and 8 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010059822022

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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)/2280/2022

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JYOTISHA MAHANTA AND 8 ORS

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C/O- AJAY KUMAR DEKA, R/O- VILL. RAJAGAON WARD NO. 1, MARIGAON. P.O. AND P.S. MORIGAON, ASSAM- 782105.

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2: SMT. NAMITA BHUYAN W/O- BAPAN CH. BORDOLOI R/O- VILL.- HOUSE NO. 9 NETAJI ROAD PANIGAON NAGAON NAGAON PANDEL P.O. AND P.S. NAGAON ASSAM- 782003.

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3: HARI PRASAD DEKA C/O- GAMBHIR DEKA R/O- VILL.- MANAHA MARIGAON P.O. MANAHA KACHARIGAON P.S. JAGIROAD DIST. MORIGAON (ASSAM)- 782411.

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4: SMT. PHULESWARI DEKA C/O- RABIN DEKA R/O- VILL.- BAGHARAPATHR MARIGAON P.O. AND P.S. MORIGAON ASSAM- 782105.

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5: SMT. BOBY DEKA C/O- PRAFULLA DEKA R/O- JAGIBHAKAT GAON JAGI GAON MARIGAON. P.O. AND P.S. MORIGAON ASSAM- 782411.

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6: PRADIP SARKAR C/O- SRIDAM SARKAR R/O- VTC OUJARI NO. 3 SONAPUR KAMRUP(M) ASSAM- 782403.

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7: SMT. KALYANI DEKA C/O- HEMANTA KALITA R/O- VILL. BAKARIGAON WARD NO. 4 MARIGAON P.O. AND P.S. MORIGAON ASSAM- 782105.

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8: ATUL DEKA C/O- KHAGEN DEKA R/O- VILL. 1 NO. DONGABARI MARIGAON P.O. DONGABARI P.S. MORIGAON JAGIROAD ASSAM- 782410.

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9: PRAFULLA BORO C/O- PRABIN BORO R/O- VILL. 1 NO. DONGABARI MARIGAON P.O. JAGIROAD P.S. MORIGAON JAGIROAD ASSAM - 782410

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI- 781006.

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA KAMRUP(M) GUWAHATI- 781019.

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3:THE STATE LEVEL SCRUTINY COMMITTEE

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REP. BY ITS CHAIRMAN THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.

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4:THE ASSAM HIGHER SECONDARY EDUCATION COUNCIL REP. BY ITS SECRETARY BAMUNIMAIDAM GUWAHATI- 781021.

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5:THE INSPECTOR OF SCHOOLS MORIGAON DISTRICT CIRCLE MORIGAON ASSAM- 782105

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Advocate for the Petitioner : MR. B D KONWAR SR. ADV. Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 06.09.2022

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Heard Mr. B. D. Konwar, learned senior counsel representing the petitioners. Also heard Mr. U. Sarma, learned standing counsel, Department of Secondary Education, Government of Assam, representing the State respondents.

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The petitioners have approached this Court against non-provincialization of their services in Dongabori H.S. School, Dongabori, in the District of Morigaon, a venture educational institution established on 11.01.1998.

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The petitioners, altogether 9(nine) in nos., are stated to be serving in different capacities which are as under as indicated by the petitioners in paragraph No. 6 of the writ petition:

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1.	Jyotish Mahanta (Petitioner No. 1)	Serving since 2003 as Teacher of Advance Assamese.
2.	Namita Bhuyan (Petitioner No. 2)	Servingsince 2005 as Teacher of English.
3.	Hari Prasad Deka (Petitioner No. 3)	Serving since establishment of the School as Teacher of Politicial Science.
4.	Phuleswari Deka (Petitioner No. 4)	Serving since 2000 as Teacher of Assamese(MIL).
5.	Boby Deka	Servingsince 2005 as Teacher of History.
	(Petitioner No. 5)
6.	Pradip Sarkar (Petitioner No. 6)	Serving since 2006 as Teacher of Economics.
7.	Kalyani Deka (Petitioner No. 7)	Servingsince 2007 as Teacher of Education.
8.	Atul Deka (Petitioner No. 8)	Serving since establishment of the School as Teacher of Lower Division Assistant.
9.	Prafulla Boro (Petitioner No. 9)	Serving since establishment of School as Chowkidar.

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The provincialization of the services of the petitioners have been sought for under the Assam Education(Provincialization of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017.

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On being pointed-out by Mr. Sarma, learned standing counsel, Department of Secondary Education, Government of Assam, that against the provincialization or nonprovincialization of the services, an appeal lies before the appellate authority under Section 14 of the Assam Education (Provincialization of Services of Teachers and Re-

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organisation of Educational Institutions) Act, 2017; Mr. Konwar, learned senior counsel for the petitioners, submits that this writ petition may be disposed of with a liberty granted to the petitioners to approach the appellate authority under Section 14 of the Assam Education (Provincialization of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, with a direction to the appellate authority to dispose of the appeal that may be filed by the petitioners within a specified timeframe.

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Having heard the learned counsels for the parties and after perusal of the materials on record; this writ petition stands disposed of with a liberty granted to the petitioners to approach the appellate authority by way of preferring an apepal under Section 14 of the Assam Education(Provincialization of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017, which, in the instant case, would be respondent No. 3, herein.

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As and when an appeal is preferred by the petitioners as contemplated under Section 14 of the Assam Education (Provincialization of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017; the appellate authority shall proceed to decide the appeal as expeditiously as possible in accordance with law preferably within a period of 2(two) months from the date, the appeal is filed by the petitioners.

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After the appeal that may be preferred by the petitioners is decided by the appellate authority, after hearing the parties; the outcome of the appeal shall be duly communicated to the petitioners by the respondent authorities.

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The writ petition stands disposed of, in terms above.

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JUDGE

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Comparing Assistant

Jyotisha Mahanta and 8 Ors. v. the State of Assam and 4 Ors.

Case brief

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Jyotisha Mahanta and 8 Ors. v. the State of Assam and 4 Ors.

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