MD Mohibul Hoque Choudhury Vs the State of Assam and 7 Ors.

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GAHC010019152025

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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)/488/2025

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MD MOHIBUL HOQUE CHOUDHURY

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S/O-LATE MAZIR UDDIN CHOUDHURY, HEAD TEACHER, GANGAPUR GOVT. JR BASIC SCHOOL, R/O-VILL AND P. O. -BERENGA PART-2 , SILCHAR, DISTRICT-CACHAR, ASSAM, PIN-788005

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REP BY THE SECRETARY, TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, (ELEMENTARY EDUCATION), DISPUR, GUWAHATI, ASSAM, PIN-781006

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019.

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3:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN-788001

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DMC UNDER SSA AXOM DIST. CACHAR SILCHAR ASSAM PIN-788003

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5:THE DEPUTY INSPECTOR OF SCHOOLS SILCHAR DIST. CACHAR PIN-788001

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6:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR DIST. CACHAR ASSAM PIN-788013

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7:SRI SHYEM DEO RABIDAS THE PRESIDENT SCHOOL MANAGING COMMITTEE GANGAPUR GOVT. JR. BASIC SCHOOL VILL-GABGAPURP.O.BADRIPAR DIST. CACHAR ASSAM PIN-788009

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8:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAMPIN-78800

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Advocate for the Petitioner : MR. B PURKAYASTHA, J.P. BARUAH

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Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER

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Date : 05.03.2025

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Heard Mr. J.P. Baruah, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned counsel for the Elementary Education Department and Mr. P. Saikia, learned counsel for the District Commissioner, Cachar.

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The petitioner projects that he is the Head Teacher of Gangapur Govt. Junior Basic School and by virtue of his office, he is the Secretary of the School Management Committee.

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The petitioner alleges that the respondent no.7, who is the President of the School Management Committee is pressurising him for releasing the school development fund money into his hands and for the said purpose, the petitioner alleges that he is being threatened. Accordingly, the petitioner has submitted representation dated 17.01.2025 before the District Commissioner, Cachar and representation dated 18.01.2025 before the Deputy Inspector of Schools, Silchar claiming for his attachment to another school or to transfer him anywhere else as Assistant Teacher.

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The petitioner’s counsel submits that though the petitioner has submitted a representation on 18.01.2025, requesting the Deputy Inspector of Schools, Cachar, Silchar to attach him to another school or transfer him elsewhere, the competent authority to attach or transfer the petitioner would be the Director of Elementary Education, Assam.

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Mr. P.K. Bora, learned counsel for the Elementary Education Department and Mr. P. Saikia, learned counsel for the District Commissioner, Cachar submit that in view of the above facts, the petitioner may submit a fresh representation to the Director of Elementary Education, who shall thereafter, take a decision on the petitioner’s application.

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The above proposal is not objected to by the petitioner’s counsel.

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In view of the consent of the parties, the petitioner is given the liberty to submit a fresh representation to the Director of Elementary Education, Assam, with regard to his prayer for transfer/attachment to another school. The same should be submitted within a period of 1(one) week from today. Thereafter, the Director of Elementary Education should take a decision on the petitioner’s representation within a period of 1(one) month, from the date of receipt of the representation along with a copy of this order.

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The writ petition is accordingly disposed of.

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JUDGE

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MD Mohibul Hoque Choudhury v. the State of Assam and 7 Ors.

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MD Mohibul Hoque Choudhury v. the State of Assam and 7 Ors.

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