Abdul Hamid Sheikh v. The State of Assam and 6 Ors

ORDER Date : 13.02.2024 Heard Mr. D.A. Kaiyum learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned standing counsel, Elementary Education Department for the respondents No.1, 2, 3 and 5 and Mr. R. Karim, learned counsel for the respondents No.6 and 7.

¶2The petitioner is aggrieved by the provincialsation of the services of the respondents No.6 and 7 vide notification dated 04.02.2021 by the Director of Elementary Education, Govt. of Assam on the ground that the petitioner was initially recommended by the Headmaster of the Tangvita M.E. Madrassa under Gauripur Education Block in the district of Dhubri as Social Studies subject teacher along with other teachers including the respondents No.6 and 7.

¶3It is contended that in recommendation letter, the name of the petitioner appears at Serial No.1. The respondents No.6 and 7 were recommended and placed at Serial No.2 and 3 in Assamese and Page No.# 3/3 Mathematics subjects. However, the District Scrutiny Committee surprisingly, recommended the name of the respondent No.6 Nur Islam in the Language subject and respondent No.7 in Social Science including one Mohar Ali in Mathematics and Science subjects. Pursuant to the recommendation vide notification No.EPD-46/2017/Pt-I/42 dated 04.02.2021, the Director of Elementary Education, Assam appointed the respondents No.6 and 7 and one Mohar Ali.

¶4The contention of the writ petitioner is that initially he was recommended by the Headmaster for provincialisation of his service in the Social Science subject and placed him at Serial No.1. However, the District Scrutiny Committee illegally recommended the respondent No.7 for provincialisation of his service in the Social Science subject, therefore, illegally appointed the respondents No.6 and 7 by depriving the petitioner.

¶5The provincialisation of the schools and the services of the teachers are governed by the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 as amended in 2018 (in short, 'Act of 2017). It provides for the provision of appeal under Section 14.

¶6Having considered that there exists an appeal provision under Section 14 of the Act of 2017, the writ petition stands disposed of with a direction to the petitioner to file an appeal under Section 14 of the Act of 2017 within 15 days from today. On such filing of the appeal, the respondent authorities are directed to consider the case of the petitioner by providing an opportunity of hearing and pass appropriate orders within a period of three months from the date of receipt of the appeal.

¶7With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010010052022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/409/2022o ABDULoHAMIDoSHEIKHo S/OoSOLEMANoSHEIKH,oVILL-oALOMGANJoPART-IX,oP.O.-ALOMGANJ,oDIST-o DHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oEDUCATIONo(ELEMENTARY)oDEPARTMENT,o DISPUR,oGUWAHATI-781006 2:THEoDIRECTORoOFoELEMENTARYoEDUCATIONoASSAM oKAHILIPARA oGUWAHATI-781019 3:THEoSTATEoLEVELoSCRUTINYoCOMMITTEE oREPRESENTEDoBYoITSoCHAIRMAN/DIRECTORoOFoTHEoELEMENTARYo EDUCATIONoASSAM oKAHILIPARA oGUWHATI-781019 4:THEoDISTRICToSCRUTINYoCOMMITTEEoFORoELEMENTARYoEDUCATION oDHUBRI oREPRESENTEDoBYoITSoMEMBERoSECRETARY/oDISTRICToELEMENTARYo EDUCATIONoOFFICER oDHUBRI oP.O.oANDoDIST-oDHUBRI oASSAM oPIN-783301 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHUBRI Page No.# 2/3 P.O. AND DIST-DHUBRI ASSAM PIN-783301 6:MD. NUR ISLAM S/O LATE MOKSED ALI VILL-KATLAMARI PART IV P.O.-PADMER ALGA DIST-DHUBRI ASSAM PIN-783339 7:MD. SAHID ALI S/O LATE TAIJUDDIN SHEIKH VILL-CHALAKURA POISTY P.O.-MAJER CHAR DIST- DHUBRI ASSAM PIN-78332 Advocate for the Petitioner : MR. D A KAIYUM Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE KARDAK ETE