Petitioner sought provincialisation of service. Court held that a statutory appeal exists under the relevant Act. Court disposed of writ petition by directing petitioner to file an appeal within 15 days.
Direction to file an appeal under Section 14 of the Act of 2017 within 15 days. No other relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010002632022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/159/2022
ABDUS SUBHAN
S/O MD. MOFIZ UDDIN, VILL-RUBHI, P.O.-BALIKURI, P.S.-KALGACHIA, DIST-BARPETA, ASSAM, PIN-781319
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 (DEEO) BARPETA DIST-BARPETA ASSAM PIN-78130
Advocate for the Petitioner : MD. M H CHOUDHURY
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
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HON’BLE MR. JUSTICE KARDAK ETE
O R D E R
09.02.2024.
Heard Mr. M.K. Choudhury, learned counsel for the petitioners. Also heard Mr. A. Phukan, 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 his service as an 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 he is serving as a teacher of Rubhi Balikuri Girls’ M.E. Madrassa since 02.11.2008, which was established at village Balikuri in Barpeta District, in the year 1994. The 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 the date of his appointment, is continuously serving with a hope and expectation that the Madrassa and his service will be provincialised/regularized.
(4) It is contended that 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 his name from list of the provincialised teachers.
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(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 under Section 14 of the Act of 2017, a provision for Appeal is provided, this Writ Petition is disposed of with a direction to the petitioner to file an Appeal under Section 14 of the Act of 2017, within fifteen (15) days from today. On such Appeal, the appellate Authority shall consider the case of the petitioner, by giving him an opportunity of hearing and pass appropriate order(s) within three (3) months, from the date of receipt of the said Appeal.
(7) The Writ Petition stands disposed of in terms of the above direction and order. No order as to cost(s).
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner is entitled to a direction for provincialisation of service given the existence of an appellate remedy.
Whether the petitioner has exhausted procedural remedies before seeking writ jurisdiction for service provincialisation.
Whether to direct the petitioner to file an appeal under Section 14 of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 instead
1 provisions across 1 enactments
Abdus Subhan
The State of Assam
Commissioner and Secretary to the Govt. of Assam, Elementary Education Department
Director of Elementary Education Assam
District Elementary Education Officer (DEEO) Barpeta
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
