Zill Hossain v. The State of Assam and 6 Ors

O R D E R

15.02.2024. Heard Mr. J. Laskar, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned standing counsel for the Elementary Education Department appearing for the State respondents. None appears for the respondent No.7, despite service of notice.

(2) The case projected by the petitioner in this Writ Petition is that he was appointed as Hindi Teacher in the Harirchar M.E. Madrassa in Bongaigaon District on 10.01.1993. Accordingly, he joined in his service on 15.01.1993.

(3) According to the petitioner he is the seniormost Language Teacher in the said school. Section 3 of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (here-in-after referred to as 'the Act of 2017'), provides for provincialisation of three (3) Page No.# 3/3 Assistant Teachers/Tutors for three (3) subjects, namely, (1) Science and Mathematics, (2) Social Studies and (3) Language.

(4) Learned counsel for the petitioner submits that four teachers have been provincialised as Tutors. However, the name of the petitioner has been dropped, whereas the service of the respondent No.7 has been provincialised as Language Teacher who is junior to the petitioner vide order dated 04.02.2021, by which the list of provincialised teachers was published in the Official Website. The service of respondent No.7 was provincialised in violation of the provisions of the Act of 2017.

(5) It is noticed that an Appeal provision is provided under Section 14 of the Act of 2017.

(6) Considering that an Appeal provision is provided under Section 14 of the Act of 2017 and on the consent of learned counsel for the parties, this Writ Petition is disposed of with a direction to the petitioner to file an Appeal under Section 14 of the Act of 2017, within thirty (30) days from today. On such filing of Appeal, the appellate Authority shall consider the case of the petitioner, by giving him an opportunity of hearing and pass appropriate order(s) within three

(3) months, from the date of receipt of the said Appeal.

(7) Till the disposal of the appeal, the interim order passed on 07.01.2022, shall continue.

(8) The Writ Petition stands disposed of in terms of the above observation and direction. No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010000042022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/74/2022o ZILLoHOSSAINo S/OoJAHIRoUDDINo RESIDENToOFoHARIRCHARoPARToIIo POoMADRASSAPARA,oDISToBONGAIGAON,oASSAM, VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVT.oOFoASSAM,oEDUCATIONoELEMENTARYoDEPARTMENT,oDISPUR,o GUWAHATIo06 2:THEoDIRECTOR oELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo19 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oBONGAIGAON oASSAM 4:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oSRIJANGRAM oDISToBONGAIGAON oASSAM 5:THEoDISTRICToSCRUTINYoCOMMITTEE oBONGAIGAON oASSAM oTOoBEoREPRESENTEDoBYoTHEoCHAIRMANoCUMoDEPUTYoCOMMISSIONER oBONGAIGAON oASSAM Page No.# 2/3 6:THE STATE LEVEL SCRUTINY COMMITTEE ASSAM TO BE REPRESENTED BY ITS CHAIRMAN CUM THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI ASSAM 7:MOYNUL HAQUE S/O MONSHER MONDAL RESIDENT OF HARIRCHAR PART I PO MADRASSAPARA DIST BONGAIGAON ASSAM 78338 Advocate for the Petitioner : MR. J LASKAR Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE KARDAK ETE