Manoj Kr Chowhan Vs the State of Assam and 5 Ors.

KAKOPATHAR BLOCK DIST. TINSUKIA ASSAM. 5:ANAND SINGH PRESIDENT OF SCHOOL MANAGING COMMITTEE TONGANI SOONJAN HINDI L.P. SCHOOL S/O. SRI CHANDRIKA SINGH

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R/O. VILL. NO.3 TONGANI SOONJAN P.O. GOBHRAUBHETI P.S. PHILOBARI DIST. TINSUKIA ASSAM PIN-786160.

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6:SATYAPAL PRASAD

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S/O. RAMJANAM PRASAD HEADMASTER TONGANI SOONJAN HINDI L.P. SCHOOL SITUATED AT VILL. NO.2 TONGANI SOONJAN P.O. GOBHRAUBHETI P.S. PHILOBARI DIST. TINSUKIA ASSAM PIN-786160

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Advocate for the Petitioner : MR H TALUKDAR, MR. R SARMA,B R BRAHMA

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Advocate for the Respondent : SC, ELEM. EDU,

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 08.01.2025

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Heard Mr. H. Talukdar, learned counsel for the petitioner. Also heard Mr. P. N. Sharma, learned Standing Counsel for the Elementary Education Department appearing for the respondents.

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Mr. H. Talukdar, learned counsel for the petitioner, after arguing the matter at some length had submitted that he would be satisfied, if, a direction is passed by this Court to the respondent authorities to consider the case of the petitioner for provincialisation of his services in Tongoni Hoojan Hindi L. P. School, under the provisions of the Assam Education (Provincialisation of services of

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Teachers and Re-organisation of Educational Institutions) Act, 2017 .

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Mr. P. N. Sharma, learned counsel for the respondents, by referring to the affidavit filed in the matter by the Director of Elementary Education, Assam that the employees of the said school although were enlisted for provincialisation of their services under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 , however, no order of provincialisation came to be issued, provincialising the services of any employee of the said school under the provisions of the said Act of 2011. It is also brought on record in the said affidavit that the enlistment for provincialisation of one Ram Pravesh Chowhan, under the provisions of the said Act of 2011 was on enquiry, subsequently cancelled by the respondent authorities, on account of the fact that his educational certificates were found to be fake.

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In view of the above submissions of the learned counsel for the parties, this Court is of the considered view that the present writ petition need not be detained.

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The petitioner herein, is directed to submit a representation in the matter before the Director of Elementary Education, Assam, staking a claim therein, for having his case considered under the provisions of the said Act of 2017 for provincialisation of his services within a period of 15(fifteen) days from today along with a certified copy of this order.

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On receipt of the said representation from the petitioner herein, the Director of Elementary Education, shall require the concerned authorities to place the case of the petitioner before the jurisdictional DLC for verification of his particulars with regard to the provincialisation of his services. Thereafter, the Director, Elementary Education shall basing on the recommendation as would be made in the matter by the DLC proceed to take the issue to its logical conclusion.

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The entire exercise now required to be carried out by the Director, Elementary

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Education shall be initiated and concluded within a period of 3(three) months from the date of receipt of the representation along with the certified copy of this order from the petitioner herein,

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With the above observations and directions, the writ petition stands disposed of.

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JUDGE

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Manoj Kr Chowhan v. the State of Assam and 5 Ors.

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Manoj Kr Chowhan v. the State of Assam and 5 Ors.

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