Dismissed

Gobin Saikia and Anr. v. the State of Assam and 7 Ors.

Gauhati HC9 Jun 2022WP(C)/5774/2021

Case brief

AI extract

What is this about?

The Gauhati High Court directed the Director, Elementary Education Department, to examine records and decide on the provincialization of retired teachers, Podram Borah and Sarananda Chetry, under the Act of 2017 through due process of law, with a final disposition to ensure all eligible teachers are duly provincialized.

What did the court decide?

The writ petitioner directed to submit a representation; the Director to examine records and ensure proper provincialization of both retired and eligible teachers within 3 months.

Gobin Saikia and Anr. Vs the State of Assam and 7… — Education and Admissions | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010170392021

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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)/5774/2021

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GOBIN SAIKIA AND ANR

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S/O DARPARAM SAIKIA, R/O VILL. DIFFLOO PATHAR, P.O. BORJURI, DIST. GOLAGHAT, ASSAM, PIN 785612

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2: CHANDRA SAIKIA S/O POTU SAIKIA R/O VILL. DIFFLOO PATHAR P.O. BORJURI DIST. GOLAGHAT ASSAM PIN 78561

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI 6

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2:THE SECY. TO THE GOVT. OF ASSAM

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ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI 781006

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3:THE DIRECTOR OF ELEMENTARY EDUCATION DEPTT.

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GOVT. OF ASSAM KAHILIPARA GUWAHATI 19

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4:THE DIST. ELEMENTARY EDUCATION OFFICER

GOLAGHAT ASSAM

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PIN 785621

5:THE BLOCK ELEMENTARY EDUCATION OFFICER

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GOLAGHAT WEST BLOCK BOKAKHAT ASSAM PIN 785615

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6:THE DIST. SCRUTINY COMMITTEE

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REPRESENTED BY ITS CHAIRMAN GOLAGHAT DIST. ASSAM PIN 785621

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7:PODRAM BORAH

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S/O JAGAT BORAH R/O VILL DIFFLOO PATHAR P.O. BORJURI DIST. GOLAGHAT ASSAM PIN 785612

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8:SARANANDA CHETRY

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S/O LALIT BAHADUR CHETRI R/O VILL. DIFFLOO PATHAR P.O. BORJURI DIST. GOLAGHAT ASSAM PIN 78561

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Advocate for the Petitioner : MR. N K KALITA

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Advocate for the Respondent : SC, ELEM. EDU

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Page No.# 3/5

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 09-06-2022

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Heard Mr. N.K. Kalita, learned counsel for the petitioner and Ms. N. Phukan, learned counsel for the respondents No. 1, 2, 3, 4 and 5, being the authorities in the Elementary Education Department, Government of Assam. Also heard Ms. D.D. Barman, learned Additional Senior Government Advocate for respondent No. 6, being the Deputy Commissioner, Golaghat.

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After issuance of notice upon the respondents No. 7 and 8, it is noticed that the said two respondents namely, Shri Podram Borah and Shri Sarananda Chetry had made two communications both dated 18.12.2021, informing that they had retired from service in the meantime and therefore, they have nothing further to say before the Court.

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The petitioner assails the provincialization of the respondents No. 7 and 8 amongst others, on the ground that whereas respondent No. 7 had retired on 30.11.2019 and respondent No. 8 had retired on 24.12.2019, their services were provincialized by the order impugned dated 04.02.2021. It is the stand of the writ petitioner that the services of the respondents No. 7 and 8 could not have been provincialized inasmuch as, on the date of their provincialization, they were not in service. On the aforesaid grievance, the petitioner had also submitted a representation dated 09.02.2021 before the Director of Elementary Education, Assam.

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In view of the aforesaid circumstance, we direct the Director, Elementary Education Department, Government of Assam to consider the representation of the writ petitioner and examine the records and if upon such examination, it is revealed that the respondents No. 7 and 8 were provincialized by the order impugned dated 04.02.2021 after their retirement from service, necessary order be passed by the Director, in this respect by following due procedure of law i.e. if necessary to give appropriate opportunity of hearing to the respondents No. 7 and 8. In doing so, the Director, Elementary Education Department, Government of Assam should also take note of Section 4 of the Assam Education (Provincialisation of Services of Teacher and Re-organization of Educational Institutions) Act, 2017 (in short Act of 2017), which provides that the services of the teachers and/or tutors of all Venture Educational Institutions eligible under Section 3 of shall be deemed to have been provincialized on the date of publication of the provincialization order by Notification in the Official Gazette. If the Director arrives at his view that the services of the respondents No. 7 and 8 could not have been provincialized under the law, in such event, the Director to take further steps to ensure that the services of the teachers of Tamulipathar M.E. School are duly provincialized under the provisions of the Act of 2017 and bring such process to its logical end as required by following the procedure prescribed under the Act of 2017.

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The requirement be done by the Director within a period of 3 months from the date of receipt of a certified copy of this order.

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The writ petition stands disposed of in the above manner.

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JUDGE

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Comparing Assistant

Gobin Saikia and Anr. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Gobin Saikia and Anr. v. the State of Assam and 7 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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