Amritpur M.E. School and Anr v. The State of Assam and 5 Ors

ORDER Date : 07.06.2023

Heard Mr. A.A.Dewan, learned counsel for the petitioners. Also heard Ms. N.Phukan, learned standing counsel, Elementary Education for the respondent Nos. 1, 2, 4, 5 and 6 and Mr.G.Bokolial, learned Govt. Advocate appears for the respondent No.3. The Amritpur M.E. School was established in the year 1991. The Director of Elementary Education, Assam by order dated 19.12.2005 temporarily recognized the said School w.e.f 01.01.2005. Thereafter, in terms of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions), Act 2017, (Act of 2017 in short), the District Scrutiny Committee, Dhemaji verified the status of the schools in the district of Dhemaji Page No.# 3/4 and thereafter submitted a proposal to the Director of Elementary Education, Assam for provincialisation of the services of teachers/tutors of lower/upper Primary Venture Educational Institutions under Dhemaji district including the school of the petitioner. However, as till date, no finalization of the provincialisation of the said school in terms of the recommendation of the District Level Scrutiny Committee is yet to take place, the petitioner is before this Court. Ms. N.Phukan, learned standing counsel, Elementary Education has produced a communication dated 06.06.2023, written by the Director of Elementary Education, Assam which indicates that the recognition order of Amritpur M.E. School is found to be doubtful upon verification and as there is no record available regarding issuance of the said recognition order in respect of Amritpur M.E. School from the Directorate, the services of the Teachers against Amritpur M.E. School was not recommended by the State Level Scrutiny Committee for provincialisation of the services in terms of the Act of 2017. It is further stated that in order to ascertain the matter, the Director of Elementary Education, Assam issued letters to the Head Master of Amritpur M.E. School and the District Elementary Education Officer, Dhemaji to furnish the original copy of the recognition order to the Directorate for further verification. However, there is no response till date. Considering the communication dated 06.06.2023, this writ petition is disposed of directing the Head Master of Amritpur M.E. School as well as the District Elementary Education Officer, Dhemaji, to furnish the original copy of the recognition order of the Amritpur M.E. School to the Director Elementary Education, Assam within a period of 3(three) weeks from today. Thereafter, after verification, if the recognition order is found to be genuine, necessary Page No.# 4/4 steps should be taken at the earliest for provincialisation of the services of the teachers of the said Amritpur M.E. School. With the aforesaid directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010048772021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2259/2021o AMRITPURoM.E.oSCHOOLoANDoANR.o REP.oBYoITSoHEADoMISTRESSoNAMELYoSMTI.oNILAKHIoCHUTIA 2:oNILAKHIoCHUTIA oW/O-oDIPULoCHUTIA oR/O-oVILL-oCHOWKHANTING oP.O.oSISSIoBORGAON oDIST.-oDHEMAJI oASSAM oPIN-o78711o VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oEDUCATIONo (ELEMENTARY)oDEPTT.,oDISPUR,oGHY-6 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGHY-19 3:THEoDISTRICToLEVELoSCRUTINYoCOMMITTEE oREP.oBYoTHEoDY.oCOMMISSIONER oDHEMAJI oASSAM oPIN-o787110 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHEMAJI oASSAM Page No.# 2/4 PIN- 787110 5:THE DY. INSPECTOR OF SCHOOLS DHEMAJI DIST.- DHEMAJI ASSAM PIN- 787110 6:THE BLOCK ELEMENTARY EDUCATION OFFICER DHEMAJI DIST.- DHEMAJI ASSAM PIN- 78711 Advocate for the Petitioner : MR A A DEWAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR