Mokrom Ali Vs the State of Assam and 4 Ors.

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GAHC010170112022

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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)/5550/2022

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MOKROM ALI S/O- LT. SHAGOR ALI, R/O- VILL.- NAYERALGA PT-III, P.O. NAYERALGA, P.S.- BILASIPARA, DIST.- DHUBRI, ASSAM. PIN- 783348.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-06.

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2:THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GHY-06. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-1. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI DIST. DHUBRI ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER BILASIPARA

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P.O. AND P.S. BILASIPARA

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DIST.- DHUBRI ASSAM. PIN- 783348

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Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,MR K ISLAM,MD. I H KHAN

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

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BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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02.05.2025

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Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.2—5 and Ms. K. Phukan, learned Government Advocate appearing for the respondent No.1.

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2. The grievance of the petitioner, being sought to be addressed in this writ petition, under Article 226 of the Constitution of India, is that he was serving as Assistant Teacher in P. Bashanipara V.L.P. School and vide order dated 05.02.2021, his service has been provincialized as per the provision of Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (vide Annexure-9 at page-31), wherein the base school in respect of the petitioner is shown as 2041 Andamari L.P. School, instead of 1386 Nayeralga L.P. School.

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3. Mr. Mondal, learned counsel for the petitioner submits that the said school is situated at a distance of 14 km from the present school of the petitioner and in view of Section 2(d) of the 2017 Act, the 'base school' means either an existing provincialised or a Venture Educational Institution identified for the purpose of provincialisation of services of

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teachers and/or tutors, as the case may be within the radius of 1 km in case of Lower Primary Schools, within the radius of 3 kms in case of Upper Primary Schools, within the radius of 5 kms in case of High Schools or High Madrassa and within the radius of 7 kms in case of Higher Secondary Schools or Junior Colleges and which posses satisfactory norms and standards in relation to enrollment of students, adequate infrastructure and having DISE Code for the year 2009-2010 or before. But, Mr. Mondal submits that as the base school of the petitioner i.e. Andamari L.P. School is situated at a distance of 14 km from the present school of the petitioner, he has filed one representation to the District Elementary Education Officer through the Block Elementary Education Officer on 30.11.2021 and thereafter, he had filed another representation on 10.08.2022, to the Director of Elementary Education, Assam, Kahilipara to change his base school to Nayeralga L.P. School, which is situated nearby his school and the said representation is yet to be disposed of and as such, Mr. Mondal submits that this writ petition may be disposed of by directing the Director of Elementary Education, Assam, Kahilipara, to dispose of the representation of the petitioner keeping in mind the provision of Section 2(d) of the 2017 Act.

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4. Mr. Sarma, learned standing counsel for the Elementary Education Department and Ms. Phukan, learned Government Advocate for the respondent No.1 also submits that the respondent authorities may be directed to consider the representation filed by the petitioner dated 10.08.2022 keeping in mind the provision of Section 2(d) of 2017 Act.

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5. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the representation dated 10.08.2022 filed by the petitioner, addressed to the Director of Elementary Education Assam.

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6. Taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record and also considering the definition of 'base school', as defined in Section 2(d) of the 2017 Act, this Court is inclined to dispose of this writ petition by directing the respondent No.3 to dispose of the

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representation dated 10.08.2022, filed by the petitioner, by passing a reasoned order within a period of 1(one) month from the date of receipt of certified copy of this order, in the light of the definition of 'base school' in Section 2(d) of the 2017 Act.

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7. In terms of above, this writ petition stands disposed of.

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Sd/- Robin Phukan JUDGE

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Comparing Assistant

Mokrom Ali v. the State of Assam and 4 Ors.

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