Mafidul Islam Hazarika and 7 Ors v. The State of Assam and 2 Ors

PageoNo.#o1/4 GAHC010015052024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/474/2024o

1.oMAFIDULoISLAMoHAZARIKAoANDo7oORSo S/O-oABDULoLATIFoHAZARIKA,o VILLoANDoP.O-oDHANIAoBHETI,o P.S-oBATADRAVA,oDIST-oNAGAON,oASSAM,oPIN-782122 2:oHUSNARAoBEGUM oW/O-oMD.oGIASoUDDIN.o VILL-oKUBAIoKATA P.O-oDHANIAoBHETI,P.S-oBATRADAVA DIST-oNAGAON,oASSAM,oPIN-782122 3:oANUWARAoBEGUM oW/O-oLATEoFAZLULoHAQUEoCHOWDHURY VILLoANDoP.O-oDHANIABHETI P.S-oBATADRAVA,oDIST-oNAGAON oASSAM,oPIN-782122 4:oMD.oRAFIQULoISLAM oS/O-oMD.oSALIMoUDDINoAHMED VILL-oKATAHGURI P.O-oTUKTUKI,oP.S-oDHING DIST-oNAGAON,oASSAM PIN-782123 5:oBORDULoISLAM oS/O-oABDULoBARIQUE VILL-oCHAMAKA P.O-oTUKTUKI,oP.S-oBATADRAVA DIST-oNAGAON,oASSAM PIN-782123 6:oMD.oABDULoSATTAR oS/O-oMD.oABDULoRAHMAN o PageoNo.#o2/4 VILLoANDoP.O-oDHANIABHETI P.S-oBATRADAVA,DIST-oNAGAON oASSAM,oPION-782122 7:oRASHIDAoKHATUN oS/O-oLATEoABDULoMALEK VILLo-CHAMAKA oP.O-oTUKTUKIo,P.S-oBATRADAVA DIST-oNAGAON,oASSAM,oPIN-782122 8:oMD.oFAKARoUDDIN oS/O-oMD.oOSMANoALI VILLo-DHANIABHETI oP.O-oDHANIABHETI,ooP.S-oBATRADAVA DIST-oNAGAON,oASSAM,oPIN-78212o oooooooooooooVERSUSo

1.oTHEoSTATEoOFoASSAMoANDo2oORSo TOoBEoREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFo ASSAM,oEDUCATIONoELEMENTARYoDEPARTMENT,oDISPUR,oGUWAHATI-06,oASSAM 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION,oASSAM oKAHILIPARA,oGUWAHATI-19 3:THEoMISSIONoDIRECTOR oSARBAoSHIKSHAoABHIYANoMISSION,oASSAM oKAHILIPARA,oGUWAHATI-1o AdvocateoforotheoPetitionerooooo:oMR.oAoRoBHUYANo AdvocateoforotheoRespondento:oSC,oELEM.oEDUoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo o–oB0E0F0O0R0E0– HON'BLE0MR.0JUSTICE0N.0UNNI0KRISHNAN0NAIR o

02.02.2024 o Heard1Mr.1A.R.1Bhuyan,1learned1counsel1for1the1petitioners.1Also1heard1Ms. S. 1 Chutia, 1 learned 1 Standing 1 Counsel, 1 Education 1 (Elementary) 1 Department appearing 1 for 1 respondent 1 Nos.1 1 and 1 2 1 and 1 Ms. 1 P.1 Das, 1 learned 1 counsel Page No.# 3/4 appearing for the SSA/respondent No.3. The petitioners claim that the issue raised in this writ petition would be covered by the order dated 23.06.2023 passed in WP(C) No.3667/2023 and similar order may be passed. The order dated 23.06.2023 in WP(C)/3667/2023 is extracted as below: "Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Ms. N. Phukan, learned standing counsel, Elementary Education for the respondent Nos. 1 and 2 and Mr. S. Bora, learned standing counsel, SSA for the respondent No.3.

¶2The petitioners before this Court were serving as Education Volunteers (EV) under different Education Guarantee Scheme (EGS) Centers, which were established for implementation of provisions of the Right to Free and Compulsory Education Act, 2009. The appointment of the petitioners as Education Volunteers were made after a selection process.

¶3The EGS Centers have been shut down due exhaustion of funds and the petitioners presently are without any job. They also do not possess the Teacher Eligibility Test (TET) qualifications. As such, they are unable to apply for the job of Teachers.

¶4Therefore, being aggrieved, the petitioners had made a representation before the Minister of Education, Government of Assam by representation dated 02.06.2022, praying for relaxing from passing out the mandatory TET qualification in respect of the petitioners and permit them to apply for any teacher post.

¶5After hearing the learned counsel for the parties, it appears that the representation dated 02.06.2022 is made to the Minister of Education, Government of Assam and not before the appropriate authority. Accordingly, this writ petition is disposed of directing the petitioners to file a fresh representation before the Secretary, School Education Department, Govt. of Assam within a period of 2(two) weeks from today. Thereafter, on receipt of the representation, the Secretary, School Education Department shall consider and dispose of the same by a speaking order in accordance with law within a period of 2(two) months from the date of receipt of the representation.

¶6With the aforesaid observations and directions, the writ petition is disposed of."

Ms. S. Chutia, learned Standing Counsel, Education (Elementary) Department and Ms. P. Das, learned counsel for the SSA also agrees that the matter involved is covered by the order dated 23.06.2023 in WP(C) No.3667/2023. As provided in the order dated 23.06.2023 passed in WP(C) No.3667/2023, the petitioners may also submit representation before the Page No.# 4/4 Secretary to the Government of Assam in the Elementary Education Department and in the event such representation be submitted, a reasoned order may be passed on the same. Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant