Abdul Rashid Mondal v. The State of Assam and 3 Ors

PageoNo.#o1/4 GAHC010250152024 ooooooo 2024:GAU-AS:11765 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6216/2024o ABDULoRASHIDoMONDALo S/OoLATEoABDULoHUSSAINoMONDALo RESIDENToOFoVILLAGEoCHAPGARHoPARToI,POoKHUDIMARI,DISToDHUBRI,o ASSAMo783331.o WORKINGoASoGRADEoIV,oINoTHEoSCHOOLoOFoCHAPGARHoH.F.M.o ACADEMY VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAMoEDUCATION(SECONDARY)oDEPARTMENT,oDISPURoGUWAHATIo 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo19 3:THEoINSPECTORoOFoSCHOOLS oDHUBRI oDISTRICToCIRCLE oASSAM 4:THEoHEADMASTER oCHAPGARHoH.F.MoACADEMY oPOoKHUDIMARI oDISToDHUBRI oASSAMo78333o AdvocateoforotheoPetitionerooooo:oMRS.oKoDEVI,oMSoSoAoKHALIFA,NoDEBo Page No.# 2/4 Advocate for the Respondent : SC, SEC. EDU.,

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

27.11.2024 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 Peon by a communication dated 28.11.2005, issued by the Head Master-cum-Secretary, Chapgarh H.F.M. Academy, Dhubri on the basis of a resolution passed by the Managing Committee of the said school. The petitioner accordingly joined to the said post on 01.12.2005. The Inspector of Schools, DDC, Dhubri, by an order dated 28.02.2006, provisionally approved the appointment of the petitioner with effect from the date of his joining. In the meantime, by an order dated 30.08.2013, issued by the Director of Secondary Education, Assam, the said Chapgarh H.F.M. Academy High School was provincialised. However, the case of the petitioner was left out from provincialisation. In the meantime, the school in which the petitioner is serving, namely, Chapgarh H.F.M. Academy High School, Dhubri was amalgamated with Chapgarh M.E School.

¶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 Dhubri, requested to take necessary action towards submission of particulars/applications/minutes of the Page No.# 3/4 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 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, Dhubri to place the case of the petitioner before the District Scrutiny Committee, Dhubri after verifying all documents for consideration by the concerned District Page No.# 4/4 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