Aklima Khatun v. The State of Assam and 3 Ors

O R D E R

09.02.2024.

Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel for the Elementary Education Department as well as Ms. D.D. Barman, learned Addl. Senior Government Advocate, Assam, appearing for all the respondents.

(2) The petitioner is aggrieved by non-consideration for provincialisation of her service as Arabic Teacher in the C.K. Sarkar Girls' ME Madrassa in Bongaigaon District. The petitioner was initially appointed as Arabic Teacher in the C.K. Sarkar Girls' ME Madrassa on 20.12.1992 and accordingly, she joined in her service on 01.01.1993.

(3) As per 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'), the District Scrutiny Committee of the Bongaigaon District recommended the name of the petitioner for provincialisation of her service as Arabic Teacher along with other five employees of the school. By order dated

04.02.2021, the services of the other teachers and employees have been provincialised. However, the service of the petitioner has not been considered for provincialisation.

(4) It is stated at the bar that Section 14 of the Act of 2017 provides for Page No.# 3/3 provision of an Appeal before the Appellate Authority, against any action/decision of the authority.

(5) Accordingly, as agreed to by the learned counsel for the parties and having considered that under Section 14 of the Act of 2017, there is a provision for Appeal, this Writ Petition is disposed of with a direction to the petitioner to file an Appeal under Section 14 of the Act of 2017, within twenty (20) days from today. On such filing of Appeal, the appellate Authority shall consider the case of the petitioner, by giving her an opportunity of hearing and pass appropriate order(s) within three (3) months, from the date of receipt of the said Appeal.

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010081112021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2917/2021 AKLIMA KHATUN D/O LATE ALA UDDIN AHMED VILLAGE MERERCHAR, PO KUSHBARI, DIST BONGAIGAON, ASSMA, 783384 VERSUS THE STATE OF ASSAM AND 3 ORS THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION, DISPUR GUWAHATI 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM 4:THE DISTRICT SCRUTINY COMMITTTEE BONGAIGAON REPRESENTED BY ITS CHAIRPERSON CUM DEPUTY COMMISSIONER BONGAIGAON ASSA Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : GA, ASSAM Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE KARDAK ETE