Partly allowed

Pradip Goswami v. the State of Assam and 4 Ors.

Gauhati HC6 Dec 2023WP(C)/1160/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging an order requiring the amalgamation of Dhupanpur Tribal High School with another school. The court suspended the relevant clause in the provincialization order until a fresh decision is arrived at under the new scheme formulated by the Government of Assam.

What did the court decide?

The clause in the provincialization order directing amalgamation with 'Hindi Vidyapith HS' as the base school is suspended until a fresh decision is made by authorities under the new scheme.

Pradip Goswami Vs the State of Assam and 4 Ors. — Education and Admissions | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010030162021

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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)/1160/2021

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PRADIP GOSWAMI S/O- BABULAL GOSWAMI, VILL AND P.O.- VETERBOND, DIST.KARIMGANJ, PIN- 788736, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY ITS COMM. AND SECY. EDUCATION DEPTT. (SECONDARY), TO THE GOVT. OF ASSAM, DISPUR-06

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2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR GHY-06

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3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19

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4:THE DY. DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 5:THE INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT CIRCLE DIST.- KARIMGANJ ASSA

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Advocate for the Petitioner : MR B P BORAH Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 06.12.2023

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Heard Mr. B. P. Borah, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, Government of Assam, appearing on behalf of all the respondents.

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The petitioner who is the Head Teacher of Dhupanpur Tribal High School, Karimganj, Assam, has assailed the order of provincialization, dated 04.02.2021(AnnexureB to the writ petition) to the extent that it requires the said school to be amalgamated with another School, namely, “Hindi Vidyapith HS” which was identified as the base school.

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It is the contention of the petitioner that the said School is situated at a distance of 8 Kms. and the identification of the base school and the consequential amalgamation of it with the petitioner’s school, is in violation of the provisions of the definition of the Base school as provided in the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017.

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The Government of Assam in the Education Department, thereafter, vide order, dated 18.02.2021, decided to re-examine the issue of identifying the base school and accordingly, a Committee was constituted. It was further provided that till a decision is arrived at by the Committee; the schools provincialized would continue to operate from the earlier site and would not be required to be shifted to the Base school.

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Mr. Borah, learned counsel appearing on behalf of the petitioner, submits that on 3^rd August, 2023, a fresh scheme governing the issue involved in the present has been

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formulated by the Government of Assam and the said scheme is presently holding the field.

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In view of the above submission; the present writ petition is disposed of by directing that the Clause existing in the provincialization order of the petitioner’s school, dated 04.02.2021, to the effect that the “Hindi Vidyapith HS” would be the Base school for the teachers of Dhupanpur Tribal High School, Karimganj, Assam, would continue to remain under suspension, till a fresh decision pertaining to the petitioner’s school is arrived at by the authorities in terms of the fresh scheme coming into operation and/or any other policy in place as on date.

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No order as to costs.

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JUDGE

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Comparing Assistant

Pradip Goswami v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Pradip Goswami v. the State of Assam and 4 Ors.

Case brief

What is this about?

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What the court decided

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