Jenaul Hoque v. The State of Assam and 3 Ors

PageoNo.#o1/4 GAHC010241852024 ooooooo 2024:GAU-AS:11306 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6033/2024o JENAULoHOQUEo S/OoLATEoMOZIBULoHOQUEo R/OoGAURNAGARo P.O.oGAURNAGARo DIST.oGOALPARA,oASSAMo PIN-783132o (WORKINGoASoGRADE-IV,oEMPLOYEEoINoGAURNAGARoHIGHoSCHOOL) VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAMoEDUCATIONo(SECONDARY)oDEPARTMENT,oDISPUR,o GUWAHATI-6. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 3:THEoINSPECTORoOFoSCHOOLS oGOALPARA oDISTRICToCIRCLE oGOALPARA oASSAM 4:THEoHEADoMASTER oGAURNAGARoHIGHoSCHOOL o Page No.# 2/4 P.O. GAURNAGAR DIST.GOALPARA ASSAM

PIN-78312 Advocate for the Petitioner : MRS. K DEVI, MS S A KHALIFA Advocate for the Respondent : SC, SEC. EDU.,

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R

20.11.2024 Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department, Assam for the respondent Nos. 1, 2 and 3.

¶2The petitioner was initially appointed as Night Guard in the Gour Nagar High Madrassa, Goalpara by a communication dated 28.10.1994, issued by the Superintendent of Gour Nagar High Madrassa, on the basis of a resolution passed by the Managing Committee of the said Madrassa. The petitioner accordingly joined to the said post on 01.11.1994. The Inspector of Schools, Goalpara District Circle, by an order dated

23.10.2007, provisionally approved the appointment of the petitioner along with another person with effect from the date of their joining. In the meantime, by an order dated 03.06.2013, issued by the Director of Secondary Education Department, Assam, the said Gour Nagar High Madrassa was provincialised. However, the case of the petitioner was left out from the said provincialisation. In the meantime, the Madrassa in Page No.# 3/4 which the petitioner is serving, namely, Gour Nagar High Madrassa was amalgamated with Gour Nagar M.E. Madrassa.

¶3The Director of Secondary Education, Assam, by a communication dated 28.05.2019, addressed to the Inspector of Schools of all the districts, including the district of Goalpara, requested to take necessary action towards submission of particulars/applications/minutes of the meeting of the District Scrutiny Committee of working non-teaching staffs of all categories of Venture Educational Institutions (Secondary) as per the provisions of Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018 (in short Act of 2018). The Inspectors of Schools were also requested to submit the particulars, minutes of the meeting of the District Scrutiny Committee of the dropped non-teaching staffs of the educational institutions of Secondary Education, who were provincialised during the year 2013-2014.

¶4It is the case of the petitioner that despite the communication dated

28.05.2019, issued by the Director of Secondary Education, Assam, his case has not been placed before the concerned District Scrutiny Committee till date and therefore, prays for a direction for placing his case before the concerned District Scrutiny Committee for consideration.

¶5Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department, Assam submits that as the Director of Secondary Education, Assam has already sent a communication on 28.05.2019 for placing the cases of the dropped non-teaching staffs of the educational institutions of Secondary Education for placing the same before the concerned District Scrutiny Committee, this writ petition may be disposed of by directing the concerned authorities to place the case of the petitioner before the Page No.# 4/4 concerned District Scrutiny Committee.

¶6After hearing the learned counsel for the parties and taking into consideration the materials available on record, this writ petition is disposed of directing the Inspector of Schools, Goalpara to place the case of the petitioner before the District Scrutiny Committee, Goalpara after verifying all documents for consideration by the concerned District Scrutiny Committee.

¶7Let such steps be taken and completed within a period of two months from the date of receipt of a copy of this order.

¶8With the above observations and directions, this writ petition stands disposed of.

JUDGE Comparing Assistant