Disposed

Ashim Deka and 5 Ors. v. the State of Assam and Anr.

Gauhati HC13 May 2022WP(C)/3077/2022

Case brief

AI extract

What is this about?

Petitioners sought provincialisation of services under Assam Education Act 2018. The High Court directed the Director to pass a reasoned order within two months on the common representation without expressing any view on merit, thereby disposing of the writ petition.

What did the court decide?

Directed the Director of Higher Education, Assam, to pass a reasoned order on the petitioners' representation within two months.

Ashim Deka and 5 Ors. Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010083062022

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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)/3077/2022

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ASHIM DEKA AND 5 ORS

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S/O LATE KABYENDRA MOHAN DAS, R/O VILL-DEOHATI, PARA-DAKHIN DEOHATI, P.O.-DEOHATI, P.S.-ABHAYAPURI, DIST-BONGAIGAON, ASSAM, PIN-783384

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2: LAHIT BARUAH S/O LATE LAKHI KANTA BARUAH R/O VILL-PURANI BONGAIGAON ULUBARI P.O.-BONGAIGAON P.S.-BONGAIGAON ASSAM PIN-783380

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3: HITESH CHANDRA RAY S/O LATE LAKHI CHANDRA RAY R/O VILL-PURANI BONGAIGAON ULUBARI P.O.-BONGAIGAON P.S.-BONGAIGAON ASSAM PIN-783380

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4: TARINI KANTA ROY S/O LATE BRAJENDRA CHANDRA ROY R/O VILL-KALIA SASTRA P.O.-DHAIGAON P.S.-KRISHNAI DIST-GOALPARA ASSAM PIN-783126

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5: FAKHAR UDDIN ALI AHMED S/O LATE AMIR ALI AHMED

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R/O VILL-FOLIMARI P.O.-LAKHIPUR P.S.-LAKHIPUR DIST-GOALPARA ASSAM PIN-783129

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6: KARUN KANTA KSHATRIYA S/O LATE MON MOHAN CHANDRA KSHATRIYA R/O VILL- CHAIBARI P.O.-JOYRAM KUCHI P.S.-LAKHIPUR DIST- GOALPARA ASSAM PIN-78312 VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-1

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Advocate for the Petitioner : MR. S K DAS

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Advocate for the Respondent : SC, HIGHER EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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13.05.2022

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Heard Mr. SK Das, learned counsel for the petitioners. Also heard Mr. AR Tahbildar, learned counsel for the respondents No.1 and 2 being the authorities under the Higher Education Department, Government of Assam.

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Six writ petitioners before the Court make a claim for provincialisation of their services under the Assam Education (Provincialisation of Services of NonTeaching Staff of Venture Educational Institutions) Act 2018 (for short, the Act of 2018). In the circumstance, the petitioners have made a common representation dated 12.04.2022 before the Commissioner and Secretary to the Government of Assam in the Higher Education Department as well as before the Director of Higher Education Assam.

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As the same representation had been made before two authorities and as submitted by Mr. AR Tahbildar, learned counsel for the Higher Education Department, the representation may be disposed of by passing a reasoned order by the Director of Higher Education, Assam, the Director of Higher Education, Assam is directed to pass a reasoned order on the representation made by the petitioners dated 12.04.2022.

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By requiring the Director of Higher Education Assam to pass a reasoned order, we are not expressing any view on merit either in favour of the writ petitioners and or against the writ petitioners and it would be open for the Director to pass any order as may be advised under the law and in the facts and circumstances of the case.

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The reasoned order be passed by the Director within a period of two months from the date of receipt of a certified copy of this order.

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Writ petition, accordingly, stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Ashim Deka and 5 Ors. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Ashim Deka and 5 Ors. v. the State of Assam and Anr.

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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