The Gauhati High Court dismissed the writ petition on withdrawal by the petitioner, with liberty to approach relevant authorities for grievance redressal.
Writ petition dismissed on withdrawal with liberty to approach competent authorities.
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GAHC010171692022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5789/2022
ABDUL MALEK SHEIKH S/O LT. FUL MAMUD SHEIKH, VILLAGE CHAGOL CHARA PT-III, P.O.- CHAGOL CHARA, P.S.- DHUBRI, DHUBRI, ASSAM, PIN- 783324.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI - 06.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM-CUM-CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
3:THE MISSION DIRECTOR AXOM SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-19.
4:THE DEPUTY COMMISSIONER-CUM-CHAIRMAN OF DISTRICT LEVEL SCRUTINY COMMITTEE (ELEMENTARY EDUCATION) DHUBRI
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P.O. AND P.S.- DHUBRI DISTRICT- DHUBRI ASSAM. PIN- 783301.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER-CUM-MEMBER SECRETARY OF DISTRICT LEVEL SCRUTINY COMMITTEE DHUBRI P.O.- DHUBRI DIST. DHUBRI ASSAM PIN- 783301
6:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR P.O. AND P.S. GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 783370
Advocate for the Petitioner : MR. M R KHANDAKAR Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 12.12.2023
Heard Mr. M. R. Khandakar, learned counsel for the petitioner. Also heard Mr. P. K. Borah, learned standing counsel, Elementary Education Department, Government of Assam, appearing on behalf of respondents No. 1, 2, 5 & 6; Mr. B. Choudhury, learned standing counsel, SSA, appearing on behalf of respondent No. 3; and Ms. D. Das Barman, learned Addl. Senior Government Advocate, appearing on behalf of respondent No. 4.
After arguing the matter for a considerable period of time, given the disputed question of facts including the identity of the person working in the school, in question; Mr. Khandakar, learned counsel for the petitioner, prays for withdrawal of the present petition with liberty to approach the competent authority under the provisions of Section 14 and/or Section 19(2) of the Assam Education
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(Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, to have his grievances redressed.
In view of the submission as made above by Mr. Khandakar, learned counsel for the petitioner; this writ petition stands dismissed on withdrawal.
However, withdrawal of this writ petition shall not be a bar for the petitioner from seeking redressal of his grievances before the authorities as prescribed under Section 14 and/or Section 19(2) of the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017.
JUDGE
Comparing Assistant
Abdul Malek Sheikh
The State of Assam and Others
N. Unni Krishnan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
