Disposed

Mafidul Islam Hazarika and 7 Ors. v. the State of Assam and 2 Ors.

Gauhati HC1 Feb 2024WP(C)/474/2024

Case brief

AI extract

What is this about?

Petitioners, former Education Volunteers under EGS Centres, sought parity with an earlier writ order regarding TET qualification relaxation for teacher posts. The court disposed of the petition permitting them to submit representation before the Secretary, Elementary Education Department, who was to pass a reasoned order.

What did the court decide?

Direction that petitioners may file representation before Secretary, Elementary Education Department, and a reasoned order be passed on it.

Mafidul Islam Hazarika and 7 Ors. Vs the State of… — Education and Admissions | Gauhati HC (2024)

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GAHC010015052024

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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)/474/2024

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MAFIDUL ISLAM HAZARIKA AND 7 ORS S/O- ABDUL LATIF HAZARIKA, VILL AND P.O- DHANIA BHETI, P.S- BATADRAVA, DIST- NAGAON, ASSAM, PIN-782122

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2: HUSNARA BEGUM W/O- MD. GIAS UDDIN. VILL- KUBAI KATA P.O- DHANIA BHETI,P.S- BATRADAVA DIST- NAGAON, ASSAM, PIN-782122

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3: ANUWARA BEGUM W/O- LATE FAZLUL HAQUE CHOWDHURY VILL AND P.O- DHANIABHETI P.S- BATADRAVA, DIST- NAGAON ASSAM, PIN-782122

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4: MD. RAFIQUL ISLAM S/O- MD. SALIM UDDIN AHMED VILL- KATAHGURI P.O- TUKTUKI, P.S- DHING DIST- NAGAON, ASSAM PIN-782123

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5: BORDUL ISLAM S/O- ABDUL BARIQUE VILL- CHAMAKA P.O- TUKTUKI, P.S- BATADRAVA DIST- NAGAON, ASSAM PIN-782123

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6: MD. ABDUL SATTAR S/O- MD. ABDUL RAHMAN

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VILL AND P.O- DHANIABHETI P.S- BATRADAVA,DIST- NAGAON ASSAM, PION-782122

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7: RASHIDA KHATUN S/O- LATE ABDUL MALEK VILL -CHAMAKA P.O- TUKTUKI ,P.S- BATRADAVA DIST- NAGAON, ASSAM, PIN-782122

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8: MD. FAKAR UDDIN S/O- MD. OSMAN ALI VILL -DHANIABHETI P.O- DHANIABHETI, P.S- BATRADAVA DIST- NAGAON, ASSAM, PIN-78212

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI06, ASSAM

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2:THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM KAHILIPARA, GUWAHATI-19

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3:THE MISSION DIRECTOR SARBA SHIKSHA ABHIYAN MISSION, ASSAM KAHILIPARA, GUWAHATI-1

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Advocate for the Petitioner : MR. A R BHUYAN

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Advocate for the Respondent : SC, ELEM. EDU

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– B E F O R E –

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HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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02.02.2024

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Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Ms. S. Chutia, learned Standing Counsel, Education (Elementary) Department appearing for respondent Nos.1 and 2 and Ms. P. Das, learned counsel

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appearing for the SSA/respondent No.3.

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The petitioners claim that the issue raised in this writ petition would be covered by the order dated 23.06.2023 passed in WP(C) No.3667/2023 and similar order may be passed. The order dated 23.06.2023 in WP(C)/3667/2023 is extracted as below:

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“ Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Ms. N. Phukan, learned standing counsel, Elementary Education for the respondent Nos. 1 and 2 and Mr. S. Bora, learned standing counsel, SSA for the respondent No.3.

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2. The petitioners before this Court were serving as Education Volunteers (EV) under different Education Guarantee Scheme (EGS) Centers, which were established for implementation of provisions of the Right to Free and Compulsory Education Act, 2009. The appointment of the petitioners as Education Volunteers were made after a selection process.

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3. The EGS Centers have been shut down due exhaustion of funds and the petitioners presently are without any job. They also do not possess the Teacher Eligibility Test (TET) qualifications. As such, they are unable to apply for the job of Teachers.

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4. Therefore, being aggrieved, the petitioners had made a representation before the Minister of Education, Government of Assam by representation dated 02.06.2022, praying for relaxing from passing out the mandatory TET qualification in respect of the petitioners and permit them to apply for any teacher post.

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5. After hearing the learned counsel for the parties, it appears that the representation dated 02.06.2022 is made to the Minister of Education, Government of Assam and not before the appropriate authority. Accordingly, this writ petition is disposed of directing the petitioners to file a fresh representation before the Secretary, School Education Department, Govt. of Assam within a period of 2(two) weeks from today. Thereafter, on receipt of the representation, the Secretary, School Education Department shall consider and dispose of the same by a speaking order in accordance with law within a period of 2(two) months from the date of receipt of the representation.

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6. With the aforesaid observations and directions, the writ petition is disposed of.”

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Ms. S. Chutia, learned Standing Counsel, Education (Elementary) Department and Ms. P. Das, learned counsel for the SSA also agrees that the matter involved is covered by the order dated 23.06.2023 in WP(C) No.3667/2023.

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As provided in the order dated 23.06.2023 passed in WP(C) No.3667/2023, the petitioners may also submit representation before the

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Secretary to the Government of Assam in the Elementary Education Department and in the event such representation be submitted, a reasoned order may be passed on the same.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Mafidul Islam Hazarika and 7 Ors. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Mafidul Islam Hazarika and 7 Ors. v. the State of Assam and 2 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

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Case details

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