Abdus Subhan v. The State of Assam and 3 Ors

O R D E R

09.02.2024.

Heard Mr. M.K. Choudhury, learned counsel for the petitioners. Also heard Mr. A. Phukan, learned standing counsel for the Elementary Education Department appearing for all the respondents.

(2) By filing this Writ Petition, the petitioner has prayed for a direction to the respondent authorities to provincialise his service as an Assistant Teacher/Tutor in terms 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').

(3) The case projected by the petitioner is that he is serving as a teacher of Rubhi Balikuri Girls' M.E. Madrassa since 02.11.2008, which was established at village Balikuri in Barpeta District, in the year 1994. The M.E. Madrassa was established by some like minded and educated persons of the village who felt that it was imperative to establish the institution for imparting elementary education to the down trodden students of the village so that they can be developed socially, economically and educationally. The petitioner since the date of his appointment, is continuously serving with a hope and expectation that the Madrassa and his service will be provincialised/regularized.

(4) It is contended that similarly situated other teachers of the said Madrassa have been provincialised by the Government vide order dated 05.02.2021 but the respondent authorities have arbitrarily dropped his name from list of the provincialised teachers. Page No.# 3/3

(5) It is contended at the bar that there is an Appeal provision under Section 14 of the Act of 2017.

(6) Having considered that under Section 14 of the Act of 2017, a provision for Appeal is provided, 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 fifteen

(15) days from today. On such 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) The Writ Petition stands disposed of in terms of the above direction and order. No order as to cost(s).

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010002632022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/159/2022o ABDUSoSUBHANo S/OoMD.oMOFIZoUDDIN,oVILL-RUBHI,oP.O.-BALIKURI,oP.S.-KALGACHIA,o DIST-BARPETA,oASSAM,oPIN-781319 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oELEMENTARYoEDUCATIONoDEPARTMENT,oGUWAHATI-781006 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oELEMENTARYoEDUCATIONoDEPARTMENT oGUWAHATI-781006 3:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICERo(DEEO) oBARPETA oDIST-BARPETA oASSAM oPIN-78130o AdvocateoforotheoPetitionerooooo:oMD.oMoHoCHOUDHURYo AdvocateoforotheoRespondento:oSC,oELEM.oEDUoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE Page No.# 2/3 HON'BLE MR. JUSTICE KARDAK ETE