Dismissed

Anita Pandit v. the State of Assam and 4 Ors.

Gauhati HC19 Jun 2023WP(C)/740/2019

Case brief

AI extract

What is this about?

Petitioner claimed entitlement to provincialisation of her service as a Music Teacher appointed in 2001, aggrieved by relaxation of eligibility. Court found subsequent Acts rendered the issue moot and closed the petition pending consideration under the 2017 Act if requirements are met.

What did the court decide?

Petition stands closed; petitioner to be considered under the present Act if requirements are fulfilled.

Anita Pandit Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010020252019

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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)/740/2019

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ANITA PANDIT W/O SHRI ASHOK DEBNATH R/O WARD NO. 4, JOYNAGAR, GOSSAIGAON, P.O. GOSSAIGAON, DIST. KOKRAJHAR, BTAD, ASSAM, PIN - 783360.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, EDUCATION DEPARTMENT (SECONDARY) DISPUR, GUWAHATI - 781006.

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2:THE DIRECTOR OF SECONDARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI - 781019.

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3:THE DIRECTOR OF EDUCATION

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BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PN - 783370.

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4:THE INSPECTOR OF SCHOOL

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KOKRAJHAR DISTRICT CIRCLE KOKRAJHAR ASSAM PIN - 788001.

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Page No.# 2/3

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5:SRI BADAL CHANDRA DEY THE HEAD MASTER NETAJI HIGH ENGLISH VIDYAPITH GOSSAIGAON TOWN WARD NO. 2

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P.O./P.S. GOSSAIGAON DIST. KOKRAJHAR BTAD ASSAM PIN - 783360

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Advocate for the Petitioner : MR. P K DAS

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Advocate for the Respondent : SC, BTC

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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19-06-2023

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Heard Shri P. K. Das, learned counsel for the petitioner. Also heard Shri U. Sarma, the learned Standing Counsel, Secondary Education Department, Ms. P. Das, learned counsel appearing for the BTC and Shri I. A. Talukdar, learned counsel appearing for the respondent no. 5.

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The facts projected by the petitioner is that she was selected and appointed as a Music Teacher of the Netaji High English Vidyapith, Kokrajhar in the year 2001 and thereafter is continuing in her service. Though this aforesaid School was provincialised in the year 2013, her services were not provincialised and in the meantime, the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 was enacted and the service of one Music Teacher in a Venture School was to be provincialised who was appointed prior to 01.01.2006. The petitioner claims that she being appointed in the year 2001 and having made the requirements of the Provisions of Assam Secondary Education (Provincialised) Service Rules, 2003 , she was entitled for such provincialisation. However, a notification was issued

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Page No.# 3/3

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on 15.02.2016 whereby the qualification/eligibility for provincialisation of the service of Music Teacher were relaxed by which the petitioner was aggrieved.

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The learned counsel for the parties however submit in tandem that the Act of 2011 has been rendered unconstitutional by this Court whereafter a new Act has come in being the Assam Education (Provincialisation of Services of Teachers and

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Re-Organization of Educational Institutions) Act, 2017 which was amended in the year 2018.

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In view of above, there is no occasion to adjudicate the issue which was raised and accordingly petition stands closed.

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It is however directed that the case of the petitioner may be considered in terms of the present Act if she fulfills the requirement, along with similarly situated candidates.

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JUDGE

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Comparing Assistant

Anita Pandit v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Anita Pandit v. the State of Assam and 4 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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