Disposed

Baharul Islam v. the State of Assam and 5 Ors.

Gauhati HC1 Aug 2022WP(C)/230/2022

Case brief

AI extract

What is this about?

Multiple Hindi teachers challenged non-provincialisation of services and appealed to the Director of Elementary Education. The Court held this was not the correct appellate authority under Section 14, directing petitioners to file fresh before the Secretary, Elementary Education Department, and disposed of the writs.

What did the court decide?

Directing petitioners to file fresh separate appeals under Section 14 of the Act of 2017 before the Secretary, Elementary Education Department, within ten days.

Baharul Islam Vs the State of Assam and 5 Ors. — Education and Admissions | Gauhati HC (2022)

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GAHC010052582022

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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)/213/2022

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ATOWAR RAHMAN HINDI TEACHER K.B. M.E. SCHOOL (SCHOOL CODE-18030402509) BALIJANA EDUCATION BLOCK GOALPARA S/O LT. MOTIOR RAHMAN R/O BATABARI P.O.-MARKULA DIST-GOALPARA ASSAM PIN-783120

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VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM -CUM-THE CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION GOALPARA REPRESENTED BY ITS CHAIRMAN GOALPARA ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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Page No.# 2/11

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GOALPARA ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER BALIJANA GOALPARA ASSAM 6:ABDUR RAHIM SHEIKH ASSISTANT TEACHER K.B. M.E. SCHOOL P.O.-MARKULA DIST- GOALPARA ASSAM PIN-783120 -----------Advocate for : MR J ISLAM Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS

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Linked Case : WP(C)/357/2022 ARJUMINA RAHMAN HINDI TEACHER JONAKI M.E MADRASSA (SCHOOL CODE- 18030219310) LAKHIPUR EDUCATION BLOCK GOALPARA

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W/O- AMJAD HUSSAIN AHMED

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R/O- NIDANPUR PART-II P.O-LAKHIPUR DIST- GOALPARA ASSAM PIN-783129 VERSUS

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THE STATE OF ASSAM AND 5 ORS (A) REP. BY THE PRINCIPAL SECRETARY GOVT OF ASSAM DEPARTMENT OF ELEMENTARY EDUCATION ASSAM DISPUR

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GUWAHATI-06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM CUM THE CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION GOALPARA REP. BY ITS CHAIRMAN GOALPARA ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR GOALPARA ASSAM 6:ASHA RUNA LAILA ASSISTANT TEACHER JONAKI M.E MADRASSA LAKHIPUR EDUCATION BLOCK GOALPARA P.O-LAKHIPUR P.S- LAKHIPUR DIST- GOALPARA ASSAM PIN-783129 -----------Advocate for : MR J ISLAM Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS (A)

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Linked Case : WP(C)/1529/2022

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OSMAN GONI HINDI TEACHER RAKHALDUBI SOTARKANDI M.E. MADRASSA (SCHOOL CODE18030427102) BALIJANA EDUCATION BLOCK GOALPARA S/O LATE JOMSHER ALI R/O SIMLABARI P.O.-SIMLABARI

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DIST- GOALPARA ASSAM PIN-783101 VERSUS THE PRINCIPAL SECRETARY GOVT OF ASSAM AND 5 ORS ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM CUM-THE CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION GOALPARA REPRESENTED BY ITS CHAIRMAN GOALPARA ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER BALIJANA GOALPARA ASSAM 6:ABUL HUSSAIN ASSISTANT TEACHER RAKHALDUBI SOTARKANDI M.E. MADRASSA KHOTEATARI P.O.-BALARBHITA DIST-GOALPARA ASSAM PIN-783129 ------------

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Advocate for : MR J ISLAM Advocate for : SC ELEM. EDU appearing for THE PRINCIPAL SECRETARY GOVT OF ASSAM AND 5 ORS

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Linked Case : WP(C)/1550/2022 JAINUDDIN AHMED HINDI TEACHER TINIALI BAZAR M.E. SCHOOL LAKHIMPUR EDUCATION BLOCK GOALPARA S/O- LATE KOSIM UDDIN R/O- NATUNGTHONGA P.O. TAKIMARI DIST. GOALPARA ASSAM-783129. VERSUS THE PRINCIPAL SECRETARY GOVT OF ASSAM AND 5 ORS DEPARTMENT OF ELEMENTARY EDUCATION ASSAM DISPUR GUWAHATI-19. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM -CUM- THE CHAIRMAN STATE LEVEL SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION GOALPARA REPRESENTED BY ITS CHAIRMAN GOALPARA ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR GOALPARA ASSAM 6:REJABUL HOQUE ASSISTANT TEACHER TINIALI BAZAR M.E. SCHOOL P.O. TAKIMARI DIST. GOALPARA ASSAM

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PIN- 783129. -----------Advocate for : MR J ISLAM Advocate for : SC EDU appearing for THE PRINCIPAL SECRETARY GOVT OF ASSAM AND 5 ORS

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Linked Case : WP(C)/351/2022 ESA HOQUE ALI HINDI TEACHER KURSHAKATI M.E. MADRASSA (SCHOOL CODE-18030203204) LAKHIPUR EDUCATION BLOCK GOALPARA S/O- LATE EAQUB ALI MOLLAH R/O- FORINGA PARA P.O- LAKHIPUR DIST- GOALPARA ASSAM PIN-783129 VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM CUM THE CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT SCRUTINY COMMIYTTEE FOR ELEMENTARY EDUCATION GOALPARA REP. BY ITS CHAIRMAN GOALPARA ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER

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LAKHIPUR GOALPARA ASSAM 6:MAHMUD HUSSAIN ASSISTANT TEACHER KURSHAKATI M.E MADRASSA S/O- BODIUT ZAMAL VILLAGE- KUSHAKATI P.O- AOLATOLI P.S- LAKHIPUR DIST- GOALPARA ASSAM PIN-783129 -----------Advocate for : MR J ISLAM Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 5 ORS

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Linked Case : WP(C)/230/2022

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BAHARUL ISLAM HINDI TEACHER MOTHABARI M.E. MADASSA (DISE CODE NO.18030204602) LAKHIPUR EDUCATION BLOCK GOALPARA S/O. LT. ABDUL AZIZ R/O. MOTHABARI P.O. JOYBHUM DIST. GOAL.ARA ASSAM PIN-783129.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-06.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM CUM THE CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION

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GOALPARA REP. BY ITS CHAIRMAN GOALPARA ASSAM. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR GOALPARA ASSAM. 6:SAHENA AKHTAR ASSTT. TEACHER MOTHABARI M.E. MADRASSA P.O. JOYBHUM P.S. BAGUAN DIST. GOALPARA ASSAM PIN-783129. -----------Advocate for : MR J ISLAM Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS

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Linked Case : WP(C)/401/2022

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KHITISH CHANDRA RABHA HINDI TEACHER LEMAKONA ME SCHOOL (DISE CODE NO. 18030201104) LAKHIPUR EDUCATION BLOCK GOALPARA S/O BHOKTI CHANDRA RABHA R/O JONGPARA P.O.-BAIDA DIST- GOALPARA

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ASSAM PIN-783129 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM CUM-THE CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION GOALPARA REPRESENTED BY ITS CHAIRMAN GOALPARA ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR GOALPARA ASSAM 6:MOHAMMAD ROFI MOLLAH ASSISTANT TEACHER LEMAKONA M.E. SCHOOL P.O.-JONGPARA DIST- GOALPARA ASSAM PIN-783129 ------------

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Advocate for : MR J ISLAM Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS

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B E F O R E

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

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01-08-2022

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Heard Mr. J. Islam, learned counsel for the petitioners in all the writ petitions. Also heard Mr. P.K. Borah, learned Standing Counsel, Elementary Education Department; Mr. P. Saikia, learned Government Advocate, Assam for the State Respondent and Mr. A.R. Bhuyan, learned counsel for all the private respondents. Ms. M. Ahmed, learned counsel appears for Respondent No.6 in W.P.(C) No.1550 of 2022.

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The petitioners in W.P.(C) No.213 of 2022; W.P.(C) No.230 of 2022; W.P. (C) No.351 of 2022; W.P.(C) No.357 of 2022; W.P.(C) No.401 of 2022; and W.P.(C) No.1529 of 2022 are aggrieved due to non-provincialisation of their services under the Assam Education (Provincialisation of Services of Teachers and Reorganization of Education Institutions) Act, 2017 (hereinafter referred to as the ‘Act of 2017’ in short).

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Their further case is that they are serving as Hindi Teacher, however, their respective District Scrutiny Committees have recommended their names as Additional Teachers. The further grievance of the petitioners in these batches of writ petitions is that despite recommendation made by the District Scrutiny Committees, the State Scrutiny Committees have not recommended their names.

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The writ petitioner in W.P.(C) No.1550 of 2022 also has similar grievance. However, in his case, the District Scrutiny Committee recommended his case for provincialisation as Language Teacher.

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All the petitioners belong to different schools, however, they are covered

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by the Act of 2017. Being aggrieved, all the petitioners have filed their respective appeals before the Director of Elementary Education, Assam. As no step has been taken by the Director of Elementary Education, Assam, the petitioners are before this Court.

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Section 14 of the Act of 2017 provides that the State Government shall be the Appellate Authority against any recommendation made by the State Scrutiny Committee. A perusal of the records would indicate that all the petitioners had wrongly made an appeal before the Director of Elementary Education, Assam.

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In view of the observation made hereinabove, all the petitioners are directed to file afresh their respective separate appeals under Section 14 of the Act of 2017 before the Secretary, Elementary Education Department, Government of Assam, within a period of ten (10) days from today. Thereafter, on receipt of the appeal, the Secretary, Elementary Education Department, Government of Assam, shall hear the petitioners as well as the private respondents in-person and, thereafter, pass reason order(s) in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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In terms of the above observation, these writ petitions stand disposed of. Interim orders passed earlier in the aforesaid writ petitions shall continue till the appeal is disposed of by the Secretary, Elementary Education Department, Government of Assam.

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JUDGE

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Comparing Assistant

Baharul Islam v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Baharul Islam v. the State of Assam and 5 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

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