Disposed

Nurul HUDA Ahmed v. the State of Assam and 6 Ors.

Gauhati HC14 Jun 2023WP(C)/1268/2023

Case brief

AI extract

What is this about?

Writ petition by a teacher aggrieved at being excluded from provincialisation proceedings while a junior colleague was considered. Court directed filing of a fresh appeal under Section 14 of the Act of 2017 and issued orders for hearing.

What did the court decide?

Petitioner directed to file a fresh appeal under Section 14 of the Act of 2017 before the Secretary, School Education Department within 15 days. Secretary ordered to hear parties and dispose within 2

Nurul HUDA Ahmed Vs the State of Assam and 6… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010046092023

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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)/1268/2023

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NURUL HUDA AHMED S/O- LT. SAHAR ALI AHMED, VILL- DAOBHANGI, P.O. RUPSI, P.S. GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331

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VERSUS THE STATE OF ASSAM AND 6 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPTT., DISPUR, GHY-06

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DIST.- DHUBRI ASSAM 4:THE DISTRICT SCRUTINY COMMITTEE DHUBRI TO BE REP. BY THE DY. COMMISSIONER DHUBRI-CUM-CHAIRMAN DHUBRI DIST.- DHUBRI ASSAM 5:THE PRINCIPAL BALAJAN HIGHER SECONDARY SCHOOL NAMELY ABDUL JABBAR SK S/O- LT. ALAUDDIN SK VILL- BALAJAN P.O. BALAJAN PIN- 783331 DIST.- DHUBRI ASSAM 6:THE MANAGING COMMITTEE OF BALAJAN HIGHER SECONDARY

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SCHOOL TO BE REP. BY ITS PRESIDENT C/O- PRINCIPAL BALAJAN HIGHER SECONDARY SCHOOL VILL- BALAJAN P.O. BALAJAN PIN- 783331 DIST.- DHUBRI ASSAM 7:AMINUR ISLAM PRODHANI S/O- LT. FAZLE RAHMAN PRODHANI VILL- BERBHANGI PART-II P.O. DIMAKURI PIN- 783334 DIST.- DHUBRI ASSA

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Advocate for the Petitioner : MR. A R BHUYAN Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 14.06.2023

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Heard Mr. A.R.Bhuyan, learned counsel for the petitioner. Also heard Mr. S.M.T.Chistie, learned standing counsel, Secondary Education for the respondent Nos. 1, 2 and 3.

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The petitioner was appointed on 07.02.1997 as a subject Teacher in the Department of English in Balajan Higher Secondary School in the District of Dhubri. The respondent No.7 was also appointed as a subject Teacher in the Department of English in the same school i.e., Balajan Higher Secondary School on 04.08.2003. The services of the teaching and non-teaching staff of the said Balajan Higher Secondary School was taken up for provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-Organization

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of Educational Institutions) Act, 2017 (Act of 2017 in short). However, at that point of time, the case of the petitioner was not considered. The grievance of the petitioner is that he is senior to the respondent No.7 and therefore his case should have been considered instead of the respondent No.7. Being aggrieved, the petitioner filed an appeal under Section 14 of the Act of 2017 before the Commissioner & Secretary to the Government of Assam, Education (Secondary) Department on 05.04.2022. The said appeal is yet to be considered and hence the present writ petition.

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After hearing the parties, this writ petition is disposed of directing the petitioner to file a fresh appeal under Section 14 of the Act of 2017 before the Secretary, Department of School Education within a period of 15 days from today. Thereafter, the Secretary, School Education Department on receipt of the appeal shall consider and dispose of the same after hearing the petitioner, respondent No.7 and the representative of the School Management Committee in person within a period of 2(two) months from the date of receipt of the appeal.

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While filing the appeal, the petitioner shall annex a copy of this writ petition along with the annexures appended thereto.

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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

Nurul HUDA Ahmed v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Nurul HUDA Ahmed v. the State of Assam and 6 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

Case details

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