Second teachers of two L.P. schools in Kamrup(R) whose services were not provincialised under the Assam Act of 2017 sought relief. The court directed them to file appeals under Section 14 before the Secretary, Elementary Education Department within 20 days, to be decided with hearing within two months.
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GAHC010050722022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2133/2022
MD WAHAB ALI AND ANR
S/O- SHA ALI, R/O- VILLAGE NO. 2 MALIBARI PATHAR, P.O. MALIBARI PATHAR BAZAR, DIST.- KAMRUP(R), ASSAM, WORKING AS 2ND TEACHER (HEADMASTER) MALIBARI PATHAR PAMPARA L.P. SCHOOL, VILLAGEMALIBARI PATHAR, P.O. MALIBARI PATHAR BAZAR, DIST.KAMRUP(RURAL), ASSAM, PIN- 781136, DISE CODE NO. 18060203108.
2: SOFIUR RAHMAN S/O- SOBUR HUSSAIN R/O- VILLAGE- BAGURIGURI P.O. MALIBARI PATHAR BAZAR DIST.- KAMRUP(RURAL) ASSAM PIN- 781136 WORKING AS 2ND TEACHER (HEADMASTER) PUB BATIAMARI BALIKA L.P. SCHOOL VILL.- BATIAMARI P.O. MALIBARI PATHAR BAZAR DIST.- AKMRUP(RURAL) ASSAM PIN- 781136 DISE CODE NO. 18060201807)
VERSUS
THE STATE OF ASSAM AND 4 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019.
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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP (RURAL) AMINGAON GUWAHATI.
4:THE DEPUTY INSPECTOR OF SCHOOLS KAMRUP(R) AMINGAON GUWAHATI.
5:THE BLOCK ELEMENTARY EDUCATION OFFICER CHAMARIA EDUCATION BLOCK CHAMARIA DIST.- KAMRUP(R) ASSAM
Advocate for the Petitioner : MR F HAQUE
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 12.02.2024
Heard Mr. F. Haque, learned counsel for the petitioners. Also heard Mr. A. Phukan, learned standing counsel, Elementary Education Department of the Govt. of Assam.
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name of the petitioners have been dropped from such provincialisation. Being aggrieved, the petitioners are before this Court.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether second teachers of provincialised schools whose names were dropped from provincialisation should be directed to the statutory appeal under Section 14 of the Act of 2017.
2 provisions across 1 enactments
Md Wahab Ali
Sofiur Rahman
The State of Assam (through Commissioner and Secretary, Elementary Education Department)
The Director of Elementary Education Assam
The District Elementary Education Officer Kamrup (Rural)
The Deputy Inspector of Schools Kamrup(R)
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
