Farida Ahmed v. The State of Assam and 3 Ors

ORDER Date : 12.02.2024

Heard Mr. M.H. Choudhury, learned counsel for the petitioner. Also heard Mr. P.K. Bora, 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 her service as 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 she is one of the founder teacher of Kathal Bhuri M.E. Madrassa, which was established in village Kathal Bhuri on 03.12.1995 The said 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 then is continuously serving with a hope and expectation that the Madrassa and her service will be provincialised/regularized.

(4) It is contended that services of the 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 her name from list of the provincialised teachers.

(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 there is a provision of Appeal under Section 14 of the Act of 2017 and on consent of the learned counsel for the parties, this Writ Petition is disposed of with a direction to the petitioner to file Appeal under Section 14 of the Act of 2017, within fifteen (15) days from today. On such filing of Appeal, the appellate Authority shall consider the case of the petitioner, by giving her an opportunity of hearing and pass appropriate order(s) within three (3) months, from the date of receipt of the said Appeal. Page No.# 3/3

(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 GAHC010002662022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/143/2022o FARIDAoAHMEDo W/OoMD.oNURULoISLAMoVILLAGEoKUKARPAR,oPOoKHONGRA,oPSo SARTHEBARI,oDISToBARPETA,oASSAMo781305,oNAMEoOFoSCHOOLoKATHALo BHURIoMEoMADRASSAoSITUATEDoAToVILLAGEoKATHALoBHURI, VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oELEMENTARYoEDUCATIONoDEPARTMENT,oGUWAHATIo781006 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oELEMENTARYoEDUCATIONoDEPARTMENT oGUWAHATIo781006 3:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo781019 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICERo(D.E.E.O) oBARPETA oASSAMo78130o AdvocateoforotheoPetitionerooooo:oMD.oMoHoCHOUDHURYo AdvocateoforotheoRespondento:oSC,oELEM.oEDUoo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE