Allowed

Smt. Abida Begum v. the State of Assam and 3 Ors.

Gauhati HC16 Aug 2022WP(C)/5101/2022

Case brief

AI extract

What is this about?

This order corrects a typographical error in a previous connected order regarding the District Scrutiny Committee's recommendation of the petitioner's name for provincialisation under the Assam Education Act 2017, allowing the interlocutory application.

What did the court decide?

Correction of paragraph 3 of the order dated 16-08-2022 to reflect that the District Scrutiny Committee recommended the petitioner's name along with six other teachers.

Smt. Abida Begum Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010165832022

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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)/2484/2022

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SMT. ABIDA BEGUM

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W/O ARIFAR RAHMAN BORA, R/O MANGALDAI TOWN, WARD NO. 2, DISTDARRANG, ASSAM, PIN-784125

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE DIRECTOR TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI-781019

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3:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE MANGALDAI ASSAM, PIN-781031

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4:THE PRINCIPAL MANGALDAI SECONDARY SCHOOL MANGALDAI DIST-DARRANG ASSAM, PIN-78412

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Advocate for the Petitioner : MR. K N CHOUDHURY Advocate for the Respondent : SC, EDU

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Linked Case : WP(C)/5101/2022

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SMT. ABIDA BEGUM W/O ARIFAR RAHMAN BORA R/O MANGALDAI TOWN

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Page No.# 2/3

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WARD NO. 2 DIST-DARRANG ASSAM PIN-784125

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VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-781006

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2:THE DIRECTOR OF GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT KAHILIPARA, GUWAHATI-781019 3:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE MANGALDAI, ASSAM 4:THE PRINCIPAL MANGALDAI SECONDARY SCHOOL MANGALDAI, DIST-DARRANG ASSAM, PIN-784125 -----------Advocate for : MR. K N CHOUDHURY Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS.

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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th 26 August, 2022

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Heard Mr. R.M. Deka, learned counsel for the applicant. Also heard Ms. N.N. Sarma, learned standing counsel Secondary Educaiton Department, for the opposite party Nos. 1, 2 and 3.

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By this application, the applicant is praying for correction paragraph 3 of the order dated 16-08-2022, passed by this Court in the connected WP(C) No.

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Page No.# 3/3

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5101/2022 on the ground that a typographical error has crept in wherein this Court had recorded that “the District Scrutiny Committee in its report did not recommend the name of the petitioner along with 6(six) other teachers”. The learned counsel for the applicant submits that the District Scrutiny Committee had, indeed, recommended the name of the petitioner along with 6 other persons.

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Perused the record and on consideration of the same, it is found that the submission of the learned counsel for the applicant is correct and a typographical error had crept in at paragraph 3 of the order dated 16-08-2022, passed by this Court in the connected WP(C) No. 5101/2022 and accordingly paragraph 3 is modified as under:

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“3. After enactment of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions), Act 2017, (Act of 2017 in short), the District Scrutiny Committee verified the service records of all the serving teachers of the said School, including that the petitioner, for provincialisation of their services. Thereafter, the District Scrutiny Committee in its report recommend the name of the petitioner along with 6(six) other teachers. Accordingly, the Principal of Mangaldai Girls’ Senior Secondary School, Mangaldai wrote to the Inspector of Schools, Darrang District Circle, Mangaldai by a communication dated 28.06.2021, requesting to take necessary action for provincialisation of their services.”

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The interlocutory application is accordingly allowed.

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Comparing Assistant

Smt. Abida Begum v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Smt. Abida Begum v. the State of Assam and 3 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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