Hamida Khatun v. The State of Assam and 8 Ors

ORDER 13-09-2024 Heard Mr. M. U. Mondal, learned counsel for the petitioner and Mr. G. Pegu, learned Government Advocate, Assam for the respondent Nos. 1 and 4. Also heard Ms. S. Chutia, learned Standing Counsel, Education (Elementary) Department for the respondent Nos. 2, 3, 5 and 6; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent Page No.# 3/5 No.8 as well as Mr. M. A. Sheikh, learned counsel for the respondent No.9. 2) It is to be noted herein that pursuant to the Government's order No.EPD-16/Provn-UP(Act, 2017)/2021/2352 and the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017, the Director of Elementary Education, Assam by an order under No.EPD-16/Provn-UP(Act.2017)/2021/2352 dated 05.02.2021 provincialised the service of the petitioner, a Teacher of Nayer Alga Girls M E Madrassa, under Bilasipara Education Block of District-Dhubri as a Tutor under the provisions of said 2017 Act and attached her with Nayer Alga Higher Secondary School. 3) The respondent No.9 also served as a teacher in said Nayer Alga Girls M E Madrassa since its venture stage. Though he is senior to the petitioner but, as his service was not provincialised under the said 2017 Act, respondent No.9 preferred a writ petition - WP(C) No. 1949/2021, wherein the present petitioner was arrayed as respondent No.7. 4) Pursuant to the orders passed in said WP(C) No. 1949/2021 that was preferred by the respondent No.9; the Director of Elementary Education, Assam by an order under No.EPDH-11/81/2021-401 dated 01.11.2021 cancelled the provincialisation of service of the petitioner as Tutor that was provincialised earlier by the said authority vide order dated

05.02.2021, noted above. 5) Aggrieved, the petitioner has preferred this writ petition. 6) Pursuant to the order of the Court passed yesterday i.e., on 12.09.2024, Ms. S. Chutia, learned Standing Counsel, Education (Elementary) Department have placed the records in original relating to File No.EPD/H/89/2022 relating to WP(C) No. 1949/2021. 7) It is seen from the records that the State Level Scrutiny Committee (SLSC) after hearing the present petitioner as well as the respondent No.9 herein and on verification of the relevant records as been placed by the SSA, Assam found that in said Nayer Alga Girls M E Madrassa while provincialising the services of its teaching staff, it provincialised two of its Language Teachers though Section 3(1)(XI) of said 2017 Act provides that —In case of Venture Upper Primary School there shall be minimum three teachers or tutors at least one Page No.# 4/5 teacher each for (a) Science and Mathematics (b) Social Studies and (c) Languages. 8) Pursuant to the orders of the Court passed in said WP(C) No. 1949/2021, the SLSC on due verification found that the petitioner is the junior most teacher and the 2nd Language Teacher, whose service has been provincialised as Tutor as been recommended by the District Scrutiny Committee, Dhubri and as forwarded by the District Elementary Education Officer, Dhubri; whereas the respondent No.9 who was the Social Studies Teacher in the said Girls M E Madrassa, is senior to the petitioner in the said Madrassa, who has been left out from the benefit of provincialisation under the provisions of said 2017 Act. 9) As such, after hearing the petitioner as well as the respondent No.9, considering all the relevant records including the report of the SSA, Assam with DISE Code and U-DISE Code of the relevant years of the said Nayer Alga Girls M E Madrassa and in pursuance of the orders of the Court passed in said WP(C) No. 1949/2021, the Director of Elementary Education, Assam by the impugned order dated 01.11.2021 cancelled the provincialisation of service of the petitioner as Tutor issued earlier by the said authority vide order dated

05.02.2021, noted above. 10) It is also seen from the provincialisation order of the petitioner dated 05.02.2021 (Annexure-4 to this writ petition) that certain terms and conditions have been incorporated by the DEE, Assam while provincialising the service of the petitioner and in terms and condition No.5 of said provincialisation order of the petitioner, it is very specifically provided that – "If any of the information is found incorrect or false at a later stage, the order of provincialisation shall be cancelled." 11) In the case in hand, after verification of relevant records, hearing both the petitioner as well as the respondent No.9, the State Level Scrutiny Committee found that though the respondent No.9, who was the Social Studies Teacher in the said Nayer Alga Girls M E Madrassa and was senior to the petitioner and eligible teacher for provincialisation as per the provisions of Section 3(1)(xi) of the said 2017 Act, yet he was left out from the benefit of provincialisation, whereas the service of the petitioner was provincialised as a Tutor, although she was appointed as a second Language Teacher in the said Madrassa. 12) Section 14 of the said 2017 Act provides for Appellate Authority wherein it is stated Page No.# 5/5 that – the State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee. 13) In the case in hand, since the State Level Scrutiny Committee pursuant to the order of the Court passed earlier in said WP(C) No. 1949/2021, after due verification of the records cancelled the provincialisation of service of the petitioner as Tutor, needless, to say that the petitioner may approach the appropriate appellate forum for consideration of her, if so advised.

¶14At this stage, Mr. M. U. Mondal, learned counsel for the petitioner submitted that the petitioner has already submitted an appeal under Section 14 of the said 2017 Act on

29.11.2023 before the Secretary to the Government of Assam in the Education (Elementary) Department, i.e., the respondent No.2, which is still pending for disposal.

¶15The respondent No.2, i.e., the Secretary to the Government of Assam in the Education (Elementary) Department shall dispose of the appeal of the petitioner filed by her on 29.11.2023 at an early date, preferably within a period of 4 (four) months from the date of receipt of a certified copy of this order to be submitted by the petitioner before the said authority, obtaining necessary acknowledgement. The respondent No.2, i.e., The Secretary to the Government of Assam in the Education (Elementary) Department, i.e. concerned Appellate Authority shall inform the petitioner about the outcome of her said appeal.

¶16With the above observations and directions and without entering into the merit of the case, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010294622023 ooooooo 2024:GAU-AS:9134 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/126/2024o HAMIDAoKHATUNo W/O-oMOYNULoHOQUE,oVILL-oNAYERALGA,oP.O.oNAYERALGA,oP.S.o BILASIPARA,oDISTRICT-oDHUBRI,oASSAM,oPIN-o783348 VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGHY-6 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oEDUCATIONoDEPARTMENT oDISPUR oGHY-6 3:THEoDIRECTOR oELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGHY-19 4:THEoDEPUTYoCOMMISSIONER oDHUBRI oASSAM oP.O. oP.S.oANDoDIST.oDHUBRI oPIN-o783301 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHUBRI oASSAMooPIN-o783301 6:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oBILASIPARA Page No.# 2/5 DIST.- DHUBRI ASSAM PIN- 783348 7:THE PRINCIPAL NAYERALGA HS SCHOOL NAYERALGA P.O.- NAYERALGA P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 783348 8:THE TREASURY OFFICER BILASIPARA DIST.- DHUBRI ASSAM 9:SHEIKH MEHBUB ALOM S/O- LT. IBRAHIM ALI SHEIKH VILL- KAJAIKATA PT. VI P.O. KAJAIKATA P.S. BILASIPARA DIST.- DHUBRI ASSAM PIN- 78334 Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,R KHATUN,MR K ISLAM,MS. N NASRIN Advocate for the Respondent : SC, ELEM. EDU, MS C MEDHI (R-9),MR. P. NAIK SC, FINANCE,MR. M A SHEIKH (R-9),GA, ASSAM BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK