Dismissed

Sk. Mohima Khatun v. the State of Assam and 4 Ors.

Gauhati HC7 Nov 2022WP(C)/6640/2022

Case brief

AI extract

What is this about?

Writ petition seeking provincialisation of service as Social Studies teacher. Court dismissed petition, directing petitioner to prefer an appeal under Section 14 of the 2017 Act before Director of Elementary Education within three months to resolve the dispute over erroneous recommendation.

What did the court decide?

Petitioner directed to prefer appeal under Section 14 of the 2017 Act before Director of Elementary Education within three months.

Sk. Mohima Khatun Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010202402022

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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)/6640/2022

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SK. MOHIMA KHATUN

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W/O- JOYNAL ABEDIN, R/O- VILL- CHAR KATDANGA PT-(I) AND P.O. MOHURIR CHAR, P.S. SOUTH SALMARA DIST.- DHUBRI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 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 DEPTT. ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER SOUTH SALMARA DHUBRI 4:THE DY. INSPECTOR OF SCHOOL (B.E.E.O) SOUTH SALMARA EDUCATION BLOCK DHUBRI ASSAM 5:THE DY. COMMISSIONER CUM CHAIRMAN OF DISTRICT SCRUTINY COMMITTEE DHUBR

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Advocate for the Petitioner : MR. S HAZARIKA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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07.11.2022

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Heard Mr. S Hazarika, learned counsel for the petitioner and Mr. P N Sharma, learned Standing counsel, Elementary Education Department, Assam for the respondent Nos. 1 to 4. Also heard Mr. S R Borah, learned Government Advocate, Assam for the respondent No. 5.

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2. It is submitted by the petitioner that she is a graduate in Arts and the Secretary of Gaon Katdanga Char M.E. Madrassa, South Salmara, District - Dhubri by order dated 10.01.2006 appointed her as the Headmaster of said Madrassa while it was in Venture stage, pursuant to which, she joined the said Madrassa on 11.01.2006 itself and is serving in the said Madrassa till date.

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3. The Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 provides for provincialisation of services of teaching staff/teachers of Venture Educational Institutions and reorganization as well as streamlining of the educations up to degree level in the state of Assam.

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4. Sub-Section (xi) of Section 3 of said 2017 Act provides that –

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“In case of Venture Upper Primary School there shall be minimum three teachers or tutors at least one teacher each for (a) Science and Mathematics (b) Social Studies and (c) Languages :

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Provided that for additional posts it shall be considered in accordance with the norms and standard stipulated in the Schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009;”

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5. It is submitted by the petitioner that disregarding her better claim for

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provincialisation to the post of teacher/tutor of Social Studies in the said Madrassa, the District Scrutiny Committee of Dhubri district, recommended the name of one Kamal Uddin Mollah for provincialisation of his service in the post of teacher/tutor in the subject of Social Science in said Gaon Katdanga Char M.E. Madrassa, South Salmara under the 2017 Act, though he was a science teacher of said Madrassa.

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6. It is also submitted by the petitioner that the District Scrutiny Committee, Dhubri recommended the name of one Sofiqul Islam Akand for provincialisation of his service in the post of teacher/tutor in the subject of Mathematics and Science of said Madrassa under the said 2017 Act, but said Sofiqul Islam Akand gave resignation from the said post on 04.03.2019.

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7. Petitioner further submitted that the authorities in the Elementary Education Department of the State Government provincialised the service of said Kamal Uddin Mollah of said Madrassa as a tutor (Science) under the provisions of the 2017 Act and in that regard the Director of Elementary Education, Assam by order under Memo No. EPD.16/Provn-UP/Act 2017/2021/2479 dated 05.02.2021 appointed said Kamal Uddin Mollah as a tutor (Science) at Char Monichar L.P. School, District Dhubri, though the District Scrutiny Committee of Dhubri district recommended said Kamal Uddin Mollah for provincialisation wrongly to the post of teacher/tutor in the subject of Social Science.

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8. Therefore, the petitioner has prayed for a necessary direction to the respondent authorities to provincialise her service under the said 2017 Act as teacher/tutor of Social Science considering her continuous service in said Gaon Katdanga Char M.E. Madrassa, South Salmara, District-Dhubri since 11.01.2006.

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9. Annexure-6 to this writ petition reflects that Kamal Uddin Mollah is a 10+2 (Science) passed incumbent who was appointed as the 2^nd Assistant teacher in said Gaon Katdanga Char M.E. Madrassa, who joined his service on 25.06.2005, whose service has now been provincialised as a tutor in Science under the said 2017 Act by order dated 05.02.2021 issued by the Director of Elementary Education, Assam, copy of which has been annexed to this petition as Annexure-7.

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10. It can be seen that the District Scrutiny Committee, Dhubri wrongly recommended said Kamal Uddin Mollah, Assistant Teacher of Science of said Gaon Katdanga Char M.E. Madrassa for provincialisation of his service against the post of Social Science. Said recommendation of District Scrutiny Committee, Dhubri being approved by the State Level Scrutiny Committee, the Director of Elementary Education, Assam by order dated 05.02.2021 appointed said Kamal Uddin Mollah as a tutor (Science) at Char Monichar L.P. School of Dhubri District and thereby provincialised his service under the 2017 Act whereas the better claim of the petitioner for provincialisation of her service to the post of teacher/tutor in the subject of Social Science, who is an arts graduate and joined the said Madrassa on 11.01.2006 under the said 2017 Act left unconsidered.

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11. Section 14 of said 2017 Act provides for an appellate authority which reads as follows-

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Appellate Authority:-

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The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee.”

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12. Though the District Scrutiny Committee, Dhubri wrongly recommended the name of Kamal Uddin Mollah for provincialisation of his service as teacher/tutor in the post of Social Studies but he actually worked as a Science teacher in said Gaon Katdanga Char M.E. Madrassa and the respondent authorities corrected the said mistake by provincialising his service as a tutor (Science) and to that extent the Director of Elementary Education, Assam by order dated 05.02.2021 appointed him as a tutor (Science) at Char Monichar L.P. School, District Dhubri as noted above.

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13. Therefore, as provided under Section 14 of said 2017 Act, the petitioner shall prefer an appeal before the concerned authority of the State Government in the Elementary Education Department against such wrong recommendation of the District

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Scrutiny Committee, Dhubri and for consideration of her case for provincialisation under the said 2017 Act as a teacher/tutor of Social Science as per her entitlement. The petitioner shall prefer such appeal as provided under Section 14 of said 2017 Act before the authority concerned of the State Government in the Elementary Education Department on or before 30.11.2022 along with the certified copy of this order and a copy of this writ petition including the annexures appended thereto.

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14. In the event of filing such appeal by the petitioner under the said 2017 Act, the authority concerned of the State Government in the Elementary Education Department, shall dispose of the same with a reasoned order within a reasonable time, with the outer limit of six months time, considering entire materials on record and after giving opportunity of hearing to both, the petitioner as well as said Kamal Uddin Mollah, who earlier served in said Gaon Katdanga Char M.E. Madrassa and now provincialised as a tutor (Science) at Char Monichar Lower Primary School by order dated 05.02.2021 passed by the Director of Elementary Education, Assam; though under the 2017 Act he was recommended by the District Scrutiny Committee, Dhubri for provincialisation against the post of teacher/tutor of Social Science.

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15. With the above direction and observation, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Sk. Mohima Khatun v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Sk. Mohima Khatun v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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