Petitioner sought provincialisation of her service as a teacher. The court noted an appeal provision under Section 14 of the 2017 Act, allowed the petition, and directed the petitioner to file an appeal within 15 days.
Directed the petitioner to file an Appeal under Section 14 of the Act of 2017 within fifteen days from the date of the order.
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GAHC010002662022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/143/2022
FARIDA AHMED
W/O MD. NURUL ISLAM VILLAGE KUKARPAR, PO KHONGRA, PS SARTHEBARI, DIST BARPETA, ASSAM 781305, NAME OF SCHOOL KATHAL BHURI ME MADRASSA SITUATED AT VILLAGE KATHAL BHURI,
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, GUWAHATI 781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT GUWAHATI 781006
3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA
GUWAHATI 781019
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (D.E.E.O) BARPETA ASSAM 78130
Advocate for the Petitioner : MD. M H CHOUDHURY
Advocate for the Respondent : SC, ELEM. EDU
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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 12.02.2024
Heard Mr. M.H. Choudhury, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned standing counsel for the Elementary Education Department appearing for all the respondents.
(2) By filing this Writ Petition, the petitioner has prayed for a direction to the respondent authorities to provincialise her service as Assistant Teacher/Tutor in terms of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (here-in-after referred to as ‘the Act of 2017’).
(3) The case projected by the petitioner is that she is one of the founder teacher of Kathal Bhuri M.E. Madrassa, which was established in village Kathal Bhuri on 03.12.1995 The said M.E. Madrassa was established by some like minded and educated persons of the village who felt that it was imperative to establish the institution for imparting elementary education to the down trodden students of the village so that they can be developed socially, economically and educationally. The petitioner since then is continuously serving with a hope and expectation that the Madrassa and her service will be provincialised/regularized.
(4) It is contended that services of the similarly situated other teachers of the said Madrassa have been provincialised by the Government vide order dated 05.02.2021, but the respondent authorities have arbitrarily dropped her name from list of the provincialised teachers.
(5) It is contended at the bar that there is an Appeal provision under Section 14 of the Act of 2017.
(6) Having considered that there is a provision of Appeal under Section 14 of the Act of 2017 and on consent of the learned counsel for the parties, this Writ Petition is disposed of with a direction to the petitioner to file Appeal under Section 14 of the Act of 2017, within fifteen (15) days from today. On such filing of Appeal, the appellate Authority shall consider the case of the petitioner, by giving her an opportunity of hearing and pass appropriate order(s) within three (3) months, from the date of receipt of the said Appeal.
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No order as to cost(s).
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to the provincialisation of her service as Assistant Teacher/Tutor under the Assam Education Act, 2017.
1 provisions across 1 enactments
Farida Ahmed
The State of Assam
The Commissioner and Secretary to the Govt. of Assam, Elementary Education Department
The Director of Elementary Education Assam
The District Elementary Education Officer (D.E.E.O) Barpeta
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
