Disposed

Md. Razak Ali v. the State of Assam and 7 Ors.

Gauhati HC2 Sept 2022WP(C)/5642/2022

Case brief

AI extract

What is this about?

Petitioner challenged his exclusion from provincialisation under the Assam Education Act, 2017, arguing insufficient post creation due to student enrollment. Court directed filing an appeal before the Director of Elementary Education within 15 days.

What did the court decide?

Directed petitioner to file an appeal before Director of Elementary Education within 15 days; Respondent to hear and pass reasoned order in two months.

Md. Razak Ali Vs the State of Assam and 7 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010170542022

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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)/5642/2022

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MD. RAZAK ALI S/O- MD. ASHRAB ALI, VILL- BARBHITA, P.O- BARBHITA DALORPATHAR, DIST- BARPETA, ASSAM, PIN-781319

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE STATE LEVEL SCRUTINY COMMITTEE REP. BY THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM

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3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM

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4:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION REP. BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER OF BARPETA DISTRICT ASSAM PIN-781301

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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BARPETA DISTRICT ASSAM PIN-781301 6:THE BLOCK ELEMENTARY EDUCATION OFFICER BAJALI DIST- BARPETA ASSAM PIN-781316 7:MD. SAFIKUL ISLAM TUTOR OF BATUWA M.E MADRASSA VILL- BATUWA P.O- SARUPETA DIST- BARPETA ASSAM PIN-781318 8:ABDUS SALAM TUTOR OF BATUWA M.E MADRASSA VILL- BATUWA P.O- SARUPETA DIST- BARPETA ASSAM PIN-78131

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Advocate for the Petitioner : MR. M ALI

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Advocate for the Respondent : SC, ELEM. EDU

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B E F O R E

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

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02-09-2022

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Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned Standing Counsel, Elementary Education Department for Respondents No.1, 2, 3, 5 and 6; and Mr. P. Saikia, learned Government Advocate, Assam, for Respondents No.4.

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The petitioner was appointed as Assistant Teacher of Batuwa M.E. Madrassa on 15.12.2006, to which post he joined on the same date. Since then the petitioner has been serving as Assistant Teacher of the said school.

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In the meantime, the State Respondent enacted the Assam Education (Provincialisation of Services of Teachers and Reorganization of Education Institutions) Act, 2017 (hereinafter referred to as the ‘Act of 2017’ in short). In terms of the said Act of 2017, the Headmaster of the concerned School prepared a list of teachers and submitted the same before the District Scrutiny Committee. In the said list, the name of Respondent No.7 figures at Serial No.1 as Headmaster against English subject. The name of Respondent No.8 is shown at Serial No.2 with the subject English/Social Science and the name of the petitioner appears at Serial No.3 with the subject Assamese/Social Science.

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The District Scrutiny Committee considered the case of the teachers of Batuwa M.E. Madrassa and the name of the Respondents No.7 and 8 along with one Md. Hafizur Rahman was recommended. Thereafter, the State Selection Committee also considered the same and passed the order dated 05.02.2021, by which the services of all the aforementioned teachers of the said School were provincialized, except the petitioner. Being aggrieved, the petitioner is before this Court on the ground that the school has an enrollment of 125 students for the year 2019-2020, and 131 students for the year 2020-2021. He, therefore, submits that in terms of Section 3 (1) (xi) of the Act of 2017, the State Respondents should have considered creation of additional post in terms of Section 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009.

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Section 14 of the Act of 2017 provides for an appeal before the State Scrutiny Committee if aggrieved by any recommendation made by the District Scrutiny Committee.

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Accordingly, the petitioner is directed to file an appeal before the Director of Elementary Education, Assam/ Respondent No.3 within a period of 15 days from today. Thereafter, on receipt of the appeal, the Respondent No.3, shall hear the petitioner as well as the Respondents No.7 and 8 in-person and, thereafter, pass a reasoned order in accordance with law within a period of two months from the date of receipt of the appeal.

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With the aforesaid observations and directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Md. Razak Ali v. the State of Assam and 7 Ors.

Case brief

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Md. Razak Ali v. the State of Assam and 7 Ors.

Case brief

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What the court decided

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