Abdul Jubbar Akanda and Anr v. The State of Assam and 3 Ors

O R D E R

09.02.2024.

Heard Mr. M.K. Choudhury, learned counsel for the petitioners. Also heard Mr. P.K. Bora, learned standing counsel for the Elementary Education Department appearing for all the respondents.

(2) By filing this Writ Petition, the petitioners have prayed for a direction to the respondent authorities to provincialise their services as Assistant Teachers/Tutors in terms of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (here-in-after referred to as 'the Act of 2017').

(3) The case projected by the petitioners is that they are founder teachers of Aduripara Changbanda M.E. Madrassa, which was established in village Aduripara in Barpeta District, in the year 1984. The M.E. Madrassa was established by some like minded and educated persons of the village who felt that it was imperative to establish the institution for imparting elementary education to the down trodden students of this village so that they can be developed socially, economically and educationally. The petitioners since then Page No.# 3/3 are continuously serving with a hope and expectation that the Madrassa and their services will be provincialised/regularized.

(4) It is contended that similarly situated other teachers of the said Madrassa have been provincialised by the Government vide order dated 04.02.2021 but the respondent authorities have arbitrarily dropped their names from list of the provincialised teachers.

(5) It is contended at the bar that there is an Appeal provision under Section 14 of the Act of 2017.

(6) Having considered that there is a provision of Appeal under Section 14 of the Act of 2017, this Writ Petition is disposed of with a direction to both the petitioners to file separate Appeals under Section 14 of the Act of 2017, within fifteen (15) days from today. On such filing of Appeals, the appellate Authority shall consider the respective case of the petitioners, by giving them an opportunity of hearing and pass appropriate order(s) within three (3) months, from the date of receipt of the said Appeal.

(7) The Writ Petition stands disposed of in terms of the above direction and order. No order as to cost(s).

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010073802021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2849/2021o ABDULoJUBBARoAKANDAoANDoANRo S/OoABDULoMALIK,oASSTT.oTEACHERoOFoADURIPARAoCHANGBANDHAoME MADRASSAo RESIDENToOFoVILLAGEoADURIPARA,oPOoKACHUMARA,oPSoKACHUMARA,o DISToBARPETA,oASSAMo781127 2:oABDULoKARIM oS/OoLATEoNAZIRUDDINoMONDOL oASSTT.oTEACHERoOFoADURIPARAoCHANGBANDHAoMEoMADRASSAo RESIDENToOFoVILLAGEoADURIPARA oPOoKACHUMARA oPSoKACHUMARA oDISToBARPETA oASSAMo78112o VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oELEMENTARYoEDUCATIONoDEPARTMENT,GUWAHATIo781006 2:COMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oELEMENTARYoEDUCATIONoDEPARTMENT oGUWAHATIo781006 3:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo19 4:DISTRICToELEMENTARYoEDUCATIONoOFFICERo(D.E.E.O) oBARPETA oASSAM Page No.# 2/3 78130 Advocate for the Petitioner : MD. M H CHOUDHURY Advocate for the Respondent : SC, ELEM. EDU BEFORE HON'BLE MR. JUSTICE KARDAK ETE