Disposed

Fayzal Hoque v. the State of Assam and 6 Ors.

Gauhati HC2 Nov 2022WP(C)/4624/2021

Case brief

AI extract

What is this about?

Petitioner challenged the provincialisation of junior teachers despite his seniority due to discrepancies in subject teaching records. The Court directed the petitioner to file an appeal under the Education Act, 2017, mandating the Director to verify records and hold a personal hearing before deciding.

What did the court decide?

Directed petitioner to file an appeal under Section 14 of the Act, 2017; ordered Director to verify records and hold personal hearing.

Fayzal Hoque Vs the State of Assam and 6 Ors. — Education and Admissions | Gauhati HC (2022)

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GAHC010160452022

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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)/4624/2021

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FAYZAL HOQUE S/O- LT. MASAR UDDIN SK. VILL- KISMAT HASDAHA PT-I P.O. KACHARIHAT P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783334

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY-06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM-CUM-CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DY. COMMISSIONER-CUM-CHAIRMAN OF DISTRICT SCRUTINY COMMITTEE (ELE. EDUCATION) DHUBRI P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI

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P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 5:THE BLOCK ELEMENTARY EDUCATION OFFICER GOLAKGANJ P.O. GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 783334 6:SAHIDUR RAHMAN SK. ASSTT. TEACHER/TUTOR OF KISMAT HASDAHA M.E.SCHOOL S/O- LT. HASEN ALI VILL- KISMAT HASDAHA PT-I P.O. KACHARIHAT P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783334 7:ATUL CH. ROY ASSTT. TEACHER/TUTOR OF KISMAT HASDAHA M.E.SCHOOL S/O- LT. MAHENDRA NATH ROY VILL- KISMAT HASDAHA PT-I P.O. KACHARIHAT P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783334 -----------Advocate for : MR. M R KHANDAKAR Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 02.11.2022

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Heard Mr. M.R.Khandakar, learned counsel for the petitioner. Also heard Mr. B.Koushik, leaned standing counsel, Elementary Education Department for the respondent Nos. 1, 2, 4 and 5 and Mr. S.R.Baruah, learned Govt. Advocate

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for the respondent No.3 and Mr. A.R.Bhuyan, learned counsel for the respondent No.7.

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The petitioner was appointed as Head Master of Kismat Hasdaha M.E.School in the Dhubri District to which post he joined on 02.01.1995. It is the case of the petitioner that he is teaching the subject of Language and Social Science. The further case of the petitioner is that the respondent No.6 was appointed on 09.01.1995 as Assistant Teacher and the respondent No.7 was also appointed as Assistant Teacher on 10.01.1995 in the same school. Petitioner is aggrieved by the provincialisation of the service of the respondent Nos. 6 and 7 issued by the Director of Elementary Education by order dated 05.02.2021 on the ground that he is senior to the respondent Nos. 6 and 7 and his legitimate claim for provincialisation has been ignored.

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The case of the petitioner is that the respondent No.6 was recommended by the District Scrutiny Committee for provincialisation as Tutor of Language subject and the respondent No.7 was recommended for provincialisation as Tutor of Social Science. The case of the petitioner however was not recommended, despite he being a teacher of Language subject and senior to the respondent Nos. 6 and 7.

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The respondent No.7 has filed an IA No.2432/2022, wherein, the DISE CODE with regard to the concerned School for the year 2017-2018 is annexed as Annexure 4. In the said DISE CODE, the name of the petitioner as well as the respondent Nos. 6 and 7 are shown as Teachers of all subjects. The petitioner has also filed an objection to the IA No.2432/2022 and in the said objection, the petitioner has annexed the DISE CODE of the concerned School for the year 2012-13, 2013-14 and 2015-16, wherein, the petitioner is indicated to be a Language Teacher and the respondent No.6 as a Language Teacher and

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respondent No.7 as a Science Teacher.

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Considering the materials available on record, this Court finds that there are some discrepancies in the recording of the DISE CODE with regard to the subjects taught by the petitioner as well as the respondent Nos. 6 and 7. In that view of the matter, petitioner is directed to file an appeal under Section 14 of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions), Act 2017, (Act of 2017 in short) before the Director, Elementary Education Department within a period of 10(ten) days from today. Thereafter, the Director, Elementary Education/respondent No.2 shall consider the appeal filed by the petitioner and pass a speaking order in accordance with law within a period of 2(two) months from the date of receipt of a copy of the order of this Court. While considering the appeal, respondent No.2 shall verify all the records as well as give a personal hearing to the petitioner as well as respondent Nos. 6 and 7.

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The interim order passed by this Court stands vacated.

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Liberty is granted to the petitioner to pray for interim order before the respondent No.2, if so advised.

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With the above observations and directions, the writ petition is disposed of.

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JUDGE

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Comparing Assistant

Fayzal Hoque v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Fayzal Hoque v. the State of Assam and 6 Ors.

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

Coram

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