In a writ petition challenging the provincialisation of a teacher's service on the ground of seniority, the High Court disposed of the matter by directing the petitioner to file an appeal under Section 14 of the relevant Act within two weeks.
Direction to file an appeal under Section 14 of the Act within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010197612022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : WP(C)/4507/2021
DIPAK BORAH S/O LATE LAKHIRAM BORAH VILLAGE BHAKATIA GAON
PO KHANGIA DERGAON DIST GOLAGHAT ASSAM 785614
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF EDUCATION (ELEM) DEPT. DISPUR GUWAHATI 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GUWAHATI 19 3:THE DISTRICT SCRUTINY COMMITTEE
REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER GOLAGHAT DERGAON ASSAM 785614 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
GOLAGHAT DERGAON ASSAM 785614 5:SMTI MONJU KURMI
Page No.# 2/3
NAHARDONGA ME SCHOOL VILLAGE NAHARDONGA PO SHITAL PATHAR DIST GOLAGHAT ASSAM 785614 -----------Advocate for : MR J PAYENG Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
03-11-2022
Heard Ms. C. Barman, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned standing counsel, Elementary Education Department appearing on behalf of respondent Nos. 1, 2 and 4, Ms. D.B. Barman, learned Government Advocate for respondent No. 3 and Mr. P.J. Saikia, learned senior counsel, assisted by Mr. P. Bordoloi, learned counsel, appearing for respondent No. 5.
The petitioner was appointed as Assistant Teacher in Assamese in Nahordonga M.E. School and he joined on 01-01-1994. The respondent No. 5 was also appointed as Hindi Teacher in the said school and he joined on 01-031994.
By this writ petition, the petitioner is challenging the provincialisation of the service of the respondent No. 5 on the ground that the petitioner is senior to the respondent No. 5. The provincialisation of service of the respondent No.5 was done in terms of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (for short, ‘Act
Page No.# 3/3
of 2017’).
Section 14 of the Act of 2017 provides for an appeal against any recommendation of the State Level Scrutiny Committee and the District Level Scrutiny Committee, before the appropriate authority.
Accordingly, the writ petition is disposed of directing the petitioner to file an appeal under Section 14 of the Act of 2017 before the concerned appellate authority within a period of two weeks from today and, thereafter, the appellate authority shall consider the appeal filed by the petitioner and dispose of the same by a speaking order and in accordance with law, within a period of 2 months from the date of receipt of the appeal.
While considering the appeal, the appellate authority shall give an opportunity of hearing to the petitioner as well as to the respondent No. 5.
The interim order passed earlier stands vacated, however, with liberty to the petitioner to approach the appellate authority for an interim order.
With the above observations and directions, this writ petition and the interlocutory application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner, being senior to the respondent, is aggrieved by the respondent's provincialisation under the 2017 Act.
Whether the petitioner is directed to file an appeal under Section 14 of the Assam Education Act, 2017 before the appropriate appellate authority.
2 provisions across 2 enactments
DIPAK BORAH S/O LATE LAKHIRAM BORAH
THE STATE OF ASSAM
SMTI MONJU KURMI
LANUSUNGKUM JAMIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
