Disposed

Monowara Khatun v. the State of Assam and 5 Ors.

Gauhati HC18 May 2022WP(C)/2384/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking provincialisation for a Craft Teacher. The Court directed the Director of Secondary Education to call records, examine the claim, and pass a reasoned order within two months regarding the petitioner's eligibility.

What did the court decide?

Directed the Director of Secondary Education Assam to call for records, examine the petitioner's eligibility for provincialisation as a Craft Teacher, and pass a reasoned order within two months.

Monowara Khatun Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010054142022

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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)/2384/2022

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MONOWARA KHATUN

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W/O- SAMSUL ALOM, R/O- ARIKATE, P.O. MAHTOLI, P.S. BOKO, DIST.KAMRUP(R), ASSAM, PIN- 781136.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI06.

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2:THE COMMISSIONER AND SECRETARY TO THE FINANCE DEPARTMENT TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI-6 ASSAM

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 DIST.- KAMRUP(M) ASSAM

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4:THE DISTRICT LEVEL SCRUTINY COMMITTEE FOR PROVINCIALIZATION OF SCHOOLS REPRESENTED BY ITS CHAIRPERSON CUM DEPUTY COMMISSIONER KAMRUP(R) DIST.- KAMRUP(R) ASSAM PIN- 781380.

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5:THE INSPECTOR OF SCHOOLS KAMRUP(R) DIST. KAMRUP(R) ASSAM PIN- 781380.

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6:THE HEADMASTER OF KANCHU DEWANI MEMORIAL HIGH SCHOOL P.O. MAHTOLIL P.S. BOKO DIST. KAMRUP(R) ASSAM PIN- 781136

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Advocate for the Petitioner : MR A A DEWAN

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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18.05.2022

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Heard Mr. AA Dewan, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned counsel for the respondents No.1, 3 and 5 being the authorities under the Secondary Education Department Government of Assam and Mr. R Barpujari, learned counsel for the respondent No.2 being the authorities under the Finance Department, Government of Assam as well as Mr. G Bokolial, learned counsel for the respondent No.4 being the Deputy Commissioner, Kamrup(Rural).

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The petitioner, who has the qualification of BA as well as Diploma in cutting and tailoring and has also completed a training from the Industrial Training Institute, Chapar was appointed as an Assistant Teacher in the Kanchu Dewani

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Memorial High School, Boko in the Kamrup(Rural) district as per the Managing Committee Resolution No.3 dated 02.01.2004.

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It is stated that considering the nature of the qualification the petitioner possessed, the petitioner was allowed to discharge the duties of a Craft Teacher in the school concerned.

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It is stated that under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (for short, the Act of 2017) there is also a provision to provincialise the services of a Craft Teacher in a High School. Accordingly, the limited grievance raised in this writ petition is that inspite of being eligible to be considered for provincialisation, the respondent authorities have not done the needful to provincialise the services of the petitioner.

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Considering the limited grievance raised, this writ petition is disposed of by directing the Director of Secondary Education Assam to call for the records of the service particulars of the petitioner from the Kanchu Dewani Memorial High School, Boko and thereafter examine the claim of the petitioner and pass a reasoned order on the eligibility of the petitioner for being provincialised as a Craft Teacher in the school concerned.

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It is made clear that by requiring the Director to pass a reasoned order, we are not expressing any view in favour of the petitioner for provincialisation and it would be entirely for the Director to pass a reasoned order depending on the

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facts and circumstances of the case and the law applicable in respect of the claim of the petitioner.

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The reasoned order be passed within a period of two months from the date of receipt of a certified copy of this order. While serving the certified copy, the petitioner may also serve a copy of the writ petition along with the annexures before the Director to facilitate the process. If necessary, the Director may also give a hearing to the petitioner, if any other materials are required for the purpose.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Monowara Khatun v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Monowara Khatun v. the State of Assam and 5 Ors.

Case brief

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