Remanded

Kamakhya Prasad Rai v. the State of Assam and 2 Ors.

Gauhati HC7 Aug 2023WP(C)/2708/2023

Case brief

AI extract

What is this about?

Writ petition by a teacher provincialised as Tutor instead of Headmaster. Court directed Director of Secondary Education to reconsider the case considering the petitioner's qualifications under Rule 14(2) of 2018 Rules and pass orders within three months after providing an opportunity of hearing.

What did the court decide?

Relief granted: Prayer to quash the provincialisation order as Tutor was rejected; case remanded to RESPONDENT NO.2 to reconsider petitioner's qualifications. Direction to pass appropriate orders with

Kamakhya Prasad Rai Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010102102023

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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)/2708/2023

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KAMAKHYA PRASAD RAI S/O- LATE KRISHNA PRASAD RAI, R/O- VILL AND P.O- BARSANGAN, DIST- CACHAR, ASSAM, PIN-788117

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VERSUS

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THE STATE OF ASSAM AND 2 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF SECONDARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19.

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3:THE INSPECTOR OF SCHOOLS CACHAR DIST. CIRCLE SILCHAR ASSAM

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PIM-78800

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Advocate for the Petitioner : MR. I H SAIKIA

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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 : 07.08.2023

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Heard Mr. I.H.Saikia, learned counsel for the petitioner. Also heard Mr. U.Sharma, learned standing counsel, Secondary Education Department for all the respondents.

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The petitioner was initially appointed as Assistant Teacher in Kalika Prasad Rai High School, Barsangan, Silchar by order dated 30^th of March, 2002, issued by the Secretary of the said school. Thereafter, on the basis of a resolution of the Managing Committee of the School held on 27.01.2006, the petitioner was appointed as Headmaster of the said Kalika Prasad Rai High School, Barsangan, Silchar. The petitioner also obtained his B.A. Degree in the year 2002, M.A. Degree in the year 2004 and B.Ed Degree in the year 2006. The petitioner also completed the Drawing and Disbursing Officers’ Training Course on Practical Issues in Fiscal and Financial Matters in the year 2010.

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Grievance of the petitioner in the present writ petition is that he has been provincialised as a Tutor instead of Headmaster of the said Kalika Prasad Rai High School, in terms of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions), Act 2017 as amended in 2018 and The Assam Education (Provincialisation of Services of Non-Teaching staff of the Venture Educational Institutions) Act, 2018 by order dated 04.02.2021. It is submitted that the petitioner is qualified to be provincialised as Headmaster of the said School inasmuch as he has all the requisite

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qualifications provided under Rule 14(2) of the Assam Secondary Education (Provincialised Schools) Rules, 2018.

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After considering the submissions made by the learned counsel for the parties, the matter is remanded back to the Director of Secondary Education, Assam/respondent No.2 to reconsider the case of the petitioner particularly taking into account that he has the qualifications prescribed under Rule 14(2) of the Rules of 2018 and thereafter, pass appropriate orders in accordance with law within a period of 3(three) months from the date of receipt of a copy of the order of this Court.

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It is also made clear that when the respondent No.2 considers the case of the petitioner, an opportunity of hearing shall be given to the petitioner.

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

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JUDGE

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Comparing Assistant

Kamakhya Prasad Rai v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Kamakhya Prasad Rai v. the State of Assam and 2 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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