Nirumai Mudoi v. the State of Assam and 7 Ors.
Case brief
What is this about?
The Court directed the Director, Elementary Education to examine the petitioner's grievance regarding her non-provincialization as a Social Studies teacher despite it being a mandatory subject under the 2017 Act, and to pass a speaking order after giving her an opportunity of being heard.
What did the court decide?
Writ petition disposed of with direction to Director, Elementary Education to examine grievance and pass speaking order within 60 days after hearing petitioner.
What the court decided
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GAHC010073732021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3141/2021
NIRUMAI MUDOI
W/O SRI RAJEN SAIKIA, R/O VILL. MUDOICHUK, P.O. MAJULI BONGAON, DIST. MAJULI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECY. DEPTT. OF ELEMENTARY EDUCATION, GOVT. OF ASSAM, DISPUR, GHY 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA GHY 19 KAMRUP (M) ASSAM.
3:THE DIST. SCRUTINY COMMITTEE
MAJULI/JORHAT DIST. REPRESENTED BY DEPUTY COMMISSIONER MAJULI/JORHAT. DIST.
Issues for consideration
3 issues framed by the court
Whether the writ petition can be disposed of by directing the Director, Elementary Education to examine the petitioner's grievance regarding non-provincialization.
Whether the petitioner is entitled to be heard before the superior officer passes an order on her claim for provincialization.
Whether the statutory alternative remedy bar precludes writ jurisdiction in the absence of recorded reasons for rejection.
Parties & counsel
- petitioner
Nirumai Mudoi
- respondent
State of Assam
- respondent
Commissioner and Secy. Deptt. of Elementary Education
- respondent
Director of Elementary Education
- respondent
Dist. Scrutiny Committee
- respondent
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · May
- Registered
- Case no.
- WP(C)/3141/2021
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