Arabic teacher excluded from provincialisation of services sought a writ challenging the impugned order. With consent, the court disposed of the petition directing her to file an appeal before the Appellate Authority under Section 14 of the 2017 Act within twenty-five days, with a hearing and decision within two months.
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GAHC010080982021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2920/2021
MEHERUN NESSA D/O HABIBUR RAHMAN
VILLAGE HORIRCHAR PART I, PO MADRASSAPARA, DIST BONGAIGAON, ASSAM, 783384
VERSUS
THE STATE OF ASSAM AND 3 ORS
THROUGH THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION, DISPUR GUWAHATI 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY 19
3:THE DISTRICT ELEMENTARY EDUCATION OFFFICER BONGAIGAON ASSAM
4:THE DISTRICT SCRUTINY COMMITTEE BONGAIGAON REPRESENTED BY ITS CHAIRPERSON CUM DEPUTY COMMISSIONER BONGAIGAON DIST BONGAIGAON ASSA
Advocate for the Petitioner : MR M H AHMED
Advocate for the Respondent : GA, ASSAM
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BEFORE HON’BLE MR. JUSTICE KARDAK ETE
O R D E R
04.03.2024.
Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel, Elementary Education Department appearing for the respondent Nos.1, 2 & 3 and also heard Ms. D.D. Barman, learned Addl. Senior Government Advocate, appearing for the respondent No.4.
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(5) The Writ Petition stands disposed of in terms of the above direction and order. No order as to cost.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner's exclusion from provincialisation could be challenged directly in writ or required recourse to the statutory appeal under Section 14 of the Act of 2017.
1 provisions across 1 enactments
Meherun Nessa
The State of Assam
The Director of Elementary Education Assam
The District Elementary Education Officer Bongaigaon
The District Scrutiny Committee Bongaigaon
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
