Disposed

Hitendra Nath Roy v. the State of Assam and 5 Ors.

Gauhati HC16 Aug 2022WP(C)/4046/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition concerning provincialisation eligibility, directing the petitioner to file an appeal under Section 14 of the Act of 2017 with the Secretary to the Government of Assam, Education Department, within 15 days for a final decision.

What did the court decide?

Petitioner directed to file appeal under Section 14 of Act of 2017 with Secretary to Government of Assam within 15 days.

Hitendra Nath Roy Vs the State of… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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GAHC010129572022

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

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Case No. : I.A.(Civil)/2243/2022

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HIMADRI SHKHAR BARMAN

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S/O LATE NAGENDRA NATH BARMAN, VILL-JHAPUSABARI PT-IV, P.O.SOUTH JHAPABARI, DIST-DHUBRI, ASSAM, PIN-783335.

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VERSUS

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HITENDRA NATH ROY and 5 ORS. S/O LATE PANCHANAN ROY, VILL- JHAPUSABARI, P.O.-JHAPUSABARI, P.S.-AGOMONI, SUB DIVISION-DHUBRI, DIST-DHUBRI, ASSAM, PIN-783335.

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2:THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION DEPARTMENT (ELEMENTARY) DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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DHUBRI ASSAM

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5:THE EXECUTIVE DIRECTOR SARBA SIKSHA ABHIYAN MISSION (SSA)

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ASSAM KAHILIPARA GUWAHATI-781019

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6:THE DISTRICT SCRUTINY COMMITTEE DHUBRI

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REPRESENTED BY ITS CHAIRMAN DIST-DHUBRI ASSAM

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Advocate for the Petitioner : MR. A DAS

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Advocate for the Respondent : GA, ASSAM

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Linked Case : WP(C)/4046/2021

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HITENDRA NATH ROY S/O LATE PANCHANAN ROY VILL- JHAPUSABARI PT-I P.O.-JHAPUSABARI P.S.-AGOMANI SUB DIVISION-DHUBRI DIST-DHUBRI (ASSAM) PIN-783335

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VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION DEPARTMENT (ELEMENTARY) DISPUR ASSAM-781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM 4:THE EXECUTIVE DIRECTOR SARBA SIKSHA ABHIYAN MISSION (SSA) ASSAM KAHILIPARA GUWAHATI-781019 5:THE DISTRICT SCRUTINY COMMITTEE

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DHUBRI REPRESENTED BY ITS CHAIRMAN DIST-DHUBRI ASSAM 6:HIMADRI SHKHAR BARMAN S/O LATE NAGENDRA NATH BARMAN VILL-JHAPUSABARI PT-IV P.O.-SOUTH JHAPABARI DIST-DHUBRI ASSAM, PIN-783335

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Advocate for : MR. P K DEKA Advocate for : SC, ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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th 16 August, 2022

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Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel, Elementary Education Department, representing the respondent Nos. 1, 2 and 3, Ms. R. Baruah, learned counsel appearing on behalf of Ms. B. Choudhury, learned counsel for the respondent No. 4, Ms. D.D. Barman, learned Government Advocate, appearing on behalf of the respondent No. 5 and Mr. A. Das, learned standing counsel for the respondent No. 6.

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The petitioner, on the basis of a resolution passed by the Managing Committee of Merarkuti M.E. School, was appointed as Assistant Teacher (Science). Thereafter, on the basis of another resolution dated 06-04-1998, the Managing Committee of Merarkuti M.E. School appointed the petitioner to the vacant post of Hindi Teacher to which post he joined on 07-04-1998. Since then, the petitioner is serving as Hindi Teacher in the said school.

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The private respondent No. 6 was also appointed as Assistant Teacher (Maths) by a communication dated 10-11-1998 to which post he joined on 1211-1998. Thereafter, the District Elementary Education Officer, by order dated 24-03-2008, approved the appointment of teaching and non-teaching staff of ME/MEM Schools on the basis of recommendation made by the respective School Management Committee. With regard to Merarkuti M.E. School, the petitioner is shown approved as Hindi Teacher and his date of joining is 07-041998. The respondent No. 6 was also approved as Assistant Teacher (Science) and his date of joining is indicated as 12-11-1998.

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The Merarkuti M.E. School was also captured in the DISE for the year 2016-17, 2017-18 and the names of the petitioner as well as respondent No.6 are also included there. With regard to the DISE for the year 2017-18 all the teaching staff of the said school are indicated as language teachers.

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In the meantime, 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’). Thereafter, the process of provincialisation of teaching and non-teaching staff of Merarkuti M.E. School was initiated. The District Scrutiny Committee recommended the case of respondent No. 6 along with two other teachers for provincialisation and the petitioner was found not eligible. Subsequently, the Director, Elementary Education, Assam, after the recommendation of the State Scrutiny Committee, issued the Notification dated 04-02-2021 whereby the name of the respondent No. 6 is found provincialised against the Merarkuti M.E. School.

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The respondent No. 6 has also filed the I.A. (Civil) No. 2243/2022, praying for vacation of the interim order dated 09-09-2021, passed by this Court in the present writ petition. However, on consideration of the said interlocutory

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application as well as the present writ petition, this Court is of the considered opinion that it would be in the interest of justice to dispose of the main writ petition.

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Accordingly, this writ petition is disposed of by directing the petitioner to file an appeal under Section 14 of the Act of 2017 before the respondent No.1/Secretary of Elementary Education Department, Assam, within a period of 15 days 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 No. 6, in person, and on verification of all records shall pass a reasoned order and in accordance with law, within a period of two months from the date of receipt of the appeal.

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Till the appeal is disposed of by the respondent No. 1, the interim order passed earlier shall continue.

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With the above observations and directions this writ petition as well as the connected I.A. (Civil) No. 2243/2022 stand disposed of.

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JUDGE

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Comparing Assistant

Hitendra Nath Roy v. the State of Assam and 5 Ors.

Case brief

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Hitendra Nath Roy v. the State of Assam and 5 Ors.

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