Disposed

Md. Samir Ali v. the State of Assam and 5 Ors.

Gauhati HC3 Jan 2022WP(C)/4049/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by a headmaster seeking provincialisation. It directed the Director of Elementary Education to complete the pending hearing process initiated in December 2021 and pass a reasoned order within fifteen days.

What did the court decide?

Directed the Director of Elementary Education, Assam to bring the hearing process to a logical end by passing a reasoned order within 15 days.

Md. Samir Ali Vs the State of Assam and 5 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010124872021

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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)/4049/2021

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MD. SAMIR ALI

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S/O MD. NASKAR ALI, R/O VILL-TANGNIJHAR, P.O.-DHULA, DISTDARRANG, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG DIST-DARRANG ASSAM

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4:THE BLOCK ELEMENTARY EDUCATION OFFICER DALGAON-SIALMARI EDUCATION BLOCK P.O.-DALGAON DIST-DARRANG ASSAM

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5:THE DISTRICT LEVEL SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION DARRANG DIST-DARRANG

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Page No.# 2/3

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ASSAM (TO BE REPRESENTED BY ITS CHAIRMAN-CUM-DEPUTY COMMISSIONER DARRANG DIST-DARRANG ASSAM)

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6:THE STATE LEVEL SCRUTINY COMMITTEE ASSAM TO BE REPRESENTED BY ITS CHAIRMAN-CUM-THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA-1

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Advocate for the Petitioner : MR. A R BHUYAN

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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03.01.2022

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Heard Mr. MAI Hussain, learned counsel for the petitioner, Mr. A Phukan, learned counsel for the respondents No. 1, 2, 3, 4 and 6 being the authorities in the Elementary Education Department of the Government of Assam and Ms. DD Barman, learned Additional Senior Government Advocate appearing for the respondent No. 5 being the Deputy Commissioner, Darrang.

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The petitioner was appointed as a Headmaster of the Tangnijhar M.E school as per the letter of appointment issued by the President of the Managing Committee of the school dated 10.11.2004. When the teachers of the school were subjected to the process for provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, no order of provincialisation was issued in favour of the petitioner.

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Page No.# 3/3

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Mr. MAI Hussain, learned counsel for the petitioner states that the District Scrutiny Committee while considering the claim for provincialisation of the teacher of the school had recommended the petitioner for provincialisation, but in spite of such recommendation, he was not provincialised.

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Although Mr. A Phukan, learned counsel for the Elementary Education Department seeks to file an affidavit, but Mr. MAI Hussain, learned counsel for the petitioner has produced a communication from the Director of Elementary Education, Assam dated 07.12.2021 by which the petitioner was called for a hearing on his claim for provincialisation made in this writ petition. It is stated that the process of hearing was completed on 13.12.2021, but the final order thereof has not been passed.

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In view of the subsequent development pursuant to the communication 07.12.2021, this writ petition is disposed of directing the Director of Elementary Education, Assam to bring the process of the hearing given to the petitioner pursuant to the communication dated 07.12.2021 to its logical end by passing a reasoned order thereon. The reasoned order be passed within a period of fifteen days from the date of receipt of a certified copy of this order.

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A copy of the communication dated 07.12.2021 is kept on record.

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JUDGE

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Comparing Assistant

Md. Samir Ali v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Md. Samir Ali v. the State of Assam and 5 Ors.

Case brief

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