Abdus Sobur Mollah Vs the State of Assam and Ors.

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GAHC010239162025

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2025:GAU-AS:15019

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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)/6264/2025

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ABDUS SOBUR MOLLAH

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S/O LT HAJI MAJOM ALI RO VILL BOYJERALGA PT V, PO NAYER ALGA, PS BILASIPARA, DIST DHUBRI, ASSAM, PIN 783348

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VERSUS

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

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2:THE COMMISSIONER AND SECRETARY GOVT OF ASSAM EDUCATION SECONDARY DEPARTMENT DISPUR GHY 06

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3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY 19

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4:THE CHAIRMAN STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EDUCATION SECONDARY DEPARTMENT DISPUR GHY 06

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5:THE MEMBER SECRETARY STATE LEVEL SCRUTINY COMMITTEE

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ASSAM DISPUR GHY 06 6:THE CHAIRMEN DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER DHUBRI ASSAM PIN 783301 7:THE MEMBER SECRETARY DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE INSPECTOR OF SCHOOLS DDC DHUBRI PIN 78330

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Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,A A AHMED,MR A ALIM SK,MR K ISLAM

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

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 07.11.2025

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Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel for the respondents in the Secondary Education Department.

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2. Mr. Mondal, learned counsel for the petitioner submits that the petitioner has been working as Assistant Teacher (Arabic) at Noser Mondal Memorial High Madrassa (now High School) since 15.06.2007, and his name has been recommended by the District Scrutiny Committee (DSC), Dhubri for provincialization in its meeting dated 16.02.2019, under the provisions of the Assam Education (Provincialization of Services of Teachers and Re-Organization

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of Educational Institutions) Act, 2017 (‘Act of 2017’, for short). But, his name had wrongly been put as Abdus Sobur Mondal, in place of Abdus Sobur Mollah, and as such, his name was dropped from the benefit of provincialization. Mr. Mondal also submits that thereafter, the petitioner filed an application before the Chairman, DSC, Dhubri for correction of his name and accordingly, the DSC’s recommendation was placed before the State Level Scrutiny Committee (SLSC). But, the name of the petitioner was dropped again by the SLSC without assigning any reason, as reflected in the letter dated 14.08.2023, and thereafter, the petitioner had filed one appeal on 04.08.2025, before the Secretary to the Government of Assam, Education (Elementary) Department, but the same failed to evoke any response, and being aggrieved, the petitioner has approached this Court by filing the present petition.

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2.1. Mr. Mondal further submits that the limited prayer of the petitioner is that since the appeal under Section 14 of the Act of 2017 is pending before the authority, this petition may be disposed of by directing the respondent authorities to dispose of the appeal filed by the petitioner in a time bound manner.

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3. Mr. Sarma, learned standing counsel for the respondents in the Secondary Education Department, however, has pointed out that the appeal was addressed to the Secretary, Government of Assam, Education (Elementary) Department, but the school concerned is a High School and as such, it ought to have been addressed to the Secretary to the Government of Assam, Secondary Education Department, and therefore, Mr. Sarma submits that the petitioner may be directed to file a fresh appeal enclosing all the documents that have been enclosed with this petition.

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4. Mr. Mondal, learned counsel for the petitioner submits that the petitioner

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will file a fresh appeal enclosing all the documents that have been enclosed with the present petition.

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5. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the petitioner to file a fresh appeal addressing to the Secretary to the Government of Assam, Secondary Education Department, by enclosing all the documents enclosed with the present petition, and on such appeal being filed by the petitioner, the respondent authorities shall dispose of the same by passing a speaking order within a period of four weeks from the date of receipt of the appeal.

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6. The petitioner shall obtain a certified copy of this order and place the same, along with the appeal before the respondent authorities within a period of one week from today.

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

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JUDGE

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Abdus Sobur Mollah v. the State of Assam and Ors.

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