Disposed

Damayanti Basumatary v. the State of Assam and 7 Ors.

Gauhati HC13 Jun 2023WP(C)/5497/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by an assistant teacher seeking provincialisation of her services under the Assam Education Act, 2017. The court directed the Director of Elementary Education to verify the petitioner's qualifications and eligibility within three months.

What did the court decide?

Direction to respondent No.4 to consider the petitioner's claim for provincialisation of services after verification and take necessary steps within three months.

Damayanti Basumatary Vs the State of Assam and 7 Ors. — Education and Admissions | Gauhati HC (2023)

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Page No.# 1/4

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GAHC010169372022

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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)/5497/2022

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DAMAYANTI BASUMATARY W/O- GOBDA BASUMATARY, R/O- VILLAGE MOUTARA, P.O- GERUKABARI, P.S- MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN-783390,

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ASSTT. TEACHER (SCIENCE) OF KHUJURAP GURI M.E SCHOOL, UNDER CHIRANG (BTR) DISTRICT, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.

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3:THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GUWAHATI-6.

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4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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Page No.# 2/4

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5:THE DIRECTOR OF EDUCATION B.T.C KOKRAJHAR DIST- BAKSA (BTR) ASSAM PIN-783370 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER CHIRANG KAJALGAON DIST- CHIRANG (BTR) ASSAM PIN-783385 7:THE BLOCK ELEMENTARY EDUCATION OFFICER BOROBAZAR BLOCK DIST- CHIRANG (BTR) ASSAM PIN-783385 8:THE HEADMASTER OF KHUJURAPGURI M.E SCHOOL DIST- CHIRANG (BTR) ASSAM PIN-78338

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Advocate for the Petitioner : MRS A BUJARBARUAH

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

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13.06.2023 O R D E R

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Heard Mrs. A. Bujarbaruah, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned Standing Counsel, Elementary Education Department, Government of Assam for respondent Nos.1. 3 and 4; Mr. R. Borpujari, learned Standing Counsel, Finance Department, Government of Assam for respondent No.2 and Ms. R.B. Bora, learned Standing Counsel, BTC for respondent Nos.5, 6 and 7.

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Page No.# 3/4

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2. The petitioner was appointed as a Science Teacher of Khujurapguri ME School, Chirang on 14.06.2010 to which post she joined on the same day. Since then, the petitioner has been serving as a Science Teacher till date.

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3. Khujurapguri ME School, Chirang was established in the year 1993 and was provincialised on 01.01.2013. However, service of the petitioner could not be provincialised as she was found not qualified. The provincialisation of the School was carried out on the basis of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (hereinafter referred to as the ‘Act of 2011’). However, in the meantime, the Act of 2011 has been declared null and void by this Court. Accordingly, a new enactment has been made by the Government of Assam, namely, the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (hereinafter referred to as ‘the Act of 2017).

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4. The petitioner, in the meantime, acquired her B. Sc degree from the Gauhati University in the year 2016. She also acquired D.El.Ed from the National Institute of Open Schooling in the year 2020. As such, by this writ petition, the petitioner is praying for a direction to the respondents for provincialisation of her services under the provisions of the Act of 2017.

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5. In the meantime, the Director of Elementary Education issued an advertisement on 31.05.2017 calling for applications from Teachers whose educational institutions have been provincialised as per the Act of 2011 but whose services have not been provincialised, are allowed to submit applications for provincialisation of services under the Act of 2017. Accordingly, pursuant to the advertisement dated 31.05.2017, the petitioner made an application for provincialisation of her services on 05.06.2017. However, the case of the petitioner is yet to be considered for provincialisation.

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6 . In that view of the matter, the present writ petition is disposed of directing the respondent-authorities, particularly, respondent No.4/Director of Elementary Education, Assam, Kahilipara to consider the claim of the petitioner for provincialisation of her services in terms of the Act of 2017 after due verification of all the relevant documents. After considering the case of the petitioner, if the service of the petitioner is found to be eligible for provincialisation under the Act of 2017, steps be taken to give the benefit of provincialisation to the petitioner at the earliest but not later than three months from the date of receipt of a copy of this order.

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

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JUDGE

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Comparing Assistant

Damayanti Basumatary v. the State of Assam and 7 Ors.

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Damayanti Basumatary v. the State of Assam and 7 Ors.

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