Smti. Hazuma Begum and 4 Ors v. The State of Assam and 2 Ors

ORDER Date : 24.08.2023

Heard Mr. N.Hoque, learned counsel for the petitioner. Also heard Mr. U.Sharma, learned standing counsel, Secondary Education Department for all the respondents.

¶2The petitioners were all initially appointed as Hindi Teachers under different Madrassas in the district of Nagaon between the years 1990-2009.

¶3The services of the petitioners were thereafter provincialised by different orders all dated 3rd of June, 2013 w.e.f 01.01.2013.

¶4The petitioners in the present writ petition is assailing the order dated 30th of June, 2015, whereby, the provincialisation orders issued by the Directorate were withdrawn on the ground that no students opted for Hindi as MIL in Class-X.

¶5It is the case of the petitioners that they were provincialised in their respective posts under their respective Madrassas on 3rd of June, 2013 by following the due process of law and as per rules. Therefore, the question of withdrawal of their provincialisation orders does not arise at this stage as the same amounts to termination of their services. The further case of the petitioner is that they were issued with show cause notices dated 19th of November, 2014, under Rule 9 of the Assam (Services Discipline and Appeal) Rules, 1964 (Rules of 1964 in short). The petitioners thereafter replied to the said show cause notice. However, without proceeding any further in terms of the provisions of Page No.# 4/4 the Rules of 1964, the impugned order dated 30th of June, 2015 was passed.

¶6It is undisputed that the services of the petitioners were provincialised after following the due process of law. The benefit of provincialisation is sought to be taken away by the State merely on the ground that no students in Hindi subject is available in the said Schools. Lack of students in a particular subject cannot be a reason for revoking the provincialisation of services of the petitioners. Further, after the show cause notice dated 19th of November, 2014, was issued, the petitioners replied to the said show cause notice and thereafter nothing proceeded any further in accordance with the Rules of 1964 and the impugned order was merely passed on 30th of June, 2015.

¶7A perusal of the order dated 30th of June, 2015 also indicates that as no students opted for Hindi as MIL, the provincialisation orders of the petitioners were withdrawn. The respondents cannot nullify the provincialisation of the petitioners in the manner that has been sought to be done by the impugned order dated 30th of June, 2015, except by resorting to lawful process that has been laid down. This Court therefore is of the considered opinion that the provincialisation of the services of the petitioners cannot be taken away for the reasons mentioned in the impugned order dated 30th of June, 2015. In that view of the matter, the impugned order dated 30th of June, 2015 is set aside and quashed. Writ petition is accordingly allowed. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010019692015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5012/2015o SMTI.oHAZUMAoBEGUMoando4oORSo D/O.oABDURoRAHIM,oHINDIoTEACHERoOFoKANDHULIMARIoKHAIRAMARIo HIGHoMADRASSAoAToVILL.-NO.2oKANDHULIMARI,oP.O.-oKANDHULIMARI,o P.S.-DHING,oDIST.-oNAGAON,oASSAM. 2:oRISHIoKR.oUPADHYAYA oS/O.oLT.oJAGANNATHoUPADHYAYA oHINDIoTEACHERoOFoBORGHULIoHIGHoMADRASSA oVILL.-oBORGHULI oP.O.-oBORGHULISAPMARI oP.S.-oULUANI oDIST.-oNAGAON oASSAM. 3:oABDURoRAHMAN oS/O.oLT.oABDURoRASHIK oHINDIoTEACHERoOFoTARABARIoGIRLSoHIGHoMADRASSAoAToVILL.-o DAKHINoKHATOWAL oP.O.-oTARABARI oP.S.-oRUPAHI oDIST.-oNAGAON oASSAM oPIN-782125. 4:oSMT.oALIAoJEBINoCHOUDHURY oD/O.oKHALILURoRAHMANoCHOUDHURY oHINDIoTEACHERoOFoAFAZoUDDINoGIRLSoHIGHoMAKRASSAoAToVILL.-o CHAMDHARA oP.O.-oDAGAON oP.S.-oJURIA oDIST.oNAGAON Page No.# 2/4 ASSAM. PIN-782124. 5: LUKMAN ALI LT. JUBED ALI MUNSI HINDI TEACHER OF ALHAJ NURUL HUSSAIN HIGHCMADRASSA AT VILL.- BHAGAMUR P.O.- KAOIMARI P.S.- SAMAGURI DIST.- NAGAON ASSAM PIN-782140 VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, EDU. SECONDARY DEPTT., DISPUR, GHY-06. 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19. 3:THE INSPECTOR OF SCHOOLS NAGAON DIST. CIRCLENDC NAGAON P.O. and DIST.- NAGAON ASSAM PIN-782001 Advocate for the Petitioner : MR.A K AZAD Advocate for the Respondent : SC, SECONDARY EDUCATIONR-1,2 Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR