Md Wahab Ali and Anr v. The State of Assam and 4 Ors

ORDER Date : 12.02.2024

Heard Mr. F. Haque, learned counsel for the petitioners. Also heard Mr. A. Phukan, learned standing counsel, Elementary Education Department of the Govt. of Assam.

¶2The grievance of the petitioners are that they are serving as teachers of Malibari Pathar Pampara L.P. School and Pub Batiamari Balika L.P. School in the District of Kamrup(R). The Malibari Pathar Pampara L.P. School and Pub Batiamari Balika L.P. School were established on 01.01.1982 and

05.07.1985 respectively.

¶3It is contended that the first teacher of the said schools have been provincialised. However, the petitioners, who are the second teachers, their services have not been provincialised. The petitioners are having all the eligibility criteria as per Section 3 of the Assam Education (Provincialisaltion of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short, 'Act of 2017') which regulates provicialisation of the teachers of schools in the State of Assam.

¶4The first teacher has been provincialised w.e.f. 01.01.2021 vide order dated 05.02.2021, while the Page No.# 3/3 name of the petitioners have been dropped from such provincialisation. Being aggrieved, the petitioners are before this Court.

¶5Section 14 of the Act of 2017 provides for an appeal before the State Government against any recommendation of the State Level Scrutiny Committee.

¶6Considering that the Act of 2017 provides for an appeal, this writ petition is disposed of with a direction to the petitioners to file an appeal before the Secretary to the Govt. of Assam, Elementary Education Department separately within a period of 20 days from today. On such appeal being filed, the Secretary to the Govt. of Assam, Elementary Education Department shall consider the appeal by providing an opportunity of hearing to the petitioners and thereafter pass appropriate order in accordance with law within a period of two months from the date of receipt of the appeal.

¶7With the above observation and direction, this petition stands disposed of. No order as to costs.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010050722022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2133/2022o MDoWAHABoALIoANDoANRo S/O-oSHAoALI,oR/O-oVILLAGEoNO.o2oMALIBARIoPATHAR,oP.O.oMALIBARIo PATHARoBAZAR,oDIST.-oKAMRUP(R),oASSAM,oWORKINGoASo2NDoTEACHERo (HEADMASTER)oMALIBARIoPATHARoPAMPARAoL.P.oSCHOOL,oVILLAGE-o MALIBARIoPATHAR,oP.O.oMALIBARIoPATHARoBAZAR,oDIST.-o KAMRUP(RURAL),oASSAM,oPIN-o781136,oDISEoCODEoNO.o18060203108. 2:oSOFIURoRAHMAN oS/O-oSOBURoHUSSAIN oR/O-oVILLAGE-oBAGURIGURI oP.O.oMALIBARIoPATHARoBAZAR oDIST.-oKAMRUP(RURAL) oASSAM oPIN-o781136 oWORKINGoASo2NDoTEACHERo(HEADMASTER) oPUBoBATIAMARIoBALIKAoL.P.oSCHOOL oVILL.-oBATIAMARI oP.O.oMALIBARIoPATHARoBAZAR oDIST.-oAKMRUP(RURAL) oASSAM oPIN-o781136 oDISEoCODEoNO.o18060201807)o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo THROUGHoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM,oELEMENTARYoEDUCATIONoDEPARTMENT,oDISPUR,o GUWAHATI-781006. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019. Page No.# 2/3 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP (RURAL) AMINGAON GUWAHATI. 4:THE DEPUTY INSPECTOR OF SCHOOLS KAMRUP(R) AMINGAON GUWAHATI. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER CHAMARIA EDUCATION BLOCK CHAMARIA DIST.- KAMRUP(R) ASSAM Advocate for the Petitioner : MR F HAQUE Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE KARDAK ETE