Jachmina Khatun v. The State of Assam and 3 Ors

ORDER Date : 06.12.2023

Heard Mr. M. H. Ahmed, learned counsel for the petitioner. Also heard Mr. P. K. Borah, learned standing counsel, Elementary Education Department, Government of Assam, appearing on behalf of respondents No. 1, 2 & 3.

By this writ petition, the petitioner has raised the grievance pertaining to non-provincialization of her services under the provisions of the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017,

The petitioner was appointed as an Arabic Teacher on 21.08.1996 in Dumerguri Santoshpur Girls M.E. Madrassa in the District of Bongaigaon, and she claims that she continued to remain in service in the said school. The respondent authorities had taken-up the cases of the teachers working in the said school for provincialization of their services under the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, and as required, the District Scrutiny Committee, Bongaigaon, in its report available at Annexure-7 to the writ petition, had found the petitioner along with 3(three) other teachers of the school to be eligible for provincialization.

It is the case of the petitioner that subsequently, the matter was placed before the State Level Scrutiny Committee and the said authority had not found the petitioner suitable for provincialization and had only selected the other 3(three) remaining teachers Page No.# 3/4 recommended by the District Scrutiny Committee for provincialization of their services.

In terms of the decision of the State Level Scrutiny Committee, the Government has already passed appropriate orders towards provincialization of their services.

The petitioner being aggrieved, has instituted the present proceeding claiming that she has been discriminated.

The grievance raised by the petitioner would require determination involving factual aspects and may also require oral depositions to be made which may not be possible before this Court in the present proceeding. To meet such eventuality, the said Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, has in Section 14, provided for an appellate authority.

In the present case, the State Level Scrutiny Committee having already considered the matter, the appellate authority would be the Secretary. Accordingly, the petitioner is now required to approach the Secretary to the Government of Assam, Department of School Education, by way of filing an appeal under Section 14 of the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017.

In the event of such an appeal being filed within a period of 15 days from today, the appellate authority shall examine the claims made by the petitioner in accordance with the provisions of the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, and thereafter, consider and dispose of the said appeal with a speaking order within a period of 2(two) months. Page No.# 4/4

With the above directions, the present writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010081282021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3294/2021o JACHMINAoKHATUNo W/OoEASINoALIoMONDALo VILLAGEoDUMERGURI,oDISToBONGAIGAON,oASSAM,o783384 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo THROUGHoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oELEMENTARYo EDUCATIONoDISPURoGUWAHATIo06 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo19 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oBONGAIGAON oASSAM 4:THEoDISTRICToSCRUTINYoCOMMITTEE oBONGAIGAON oREPRESENTEDoBYoITSoCHAIRPERSONoCUMoDEPUTYoCOMMISSIONER oBONGAIGAON oASSAo AdvocateoforotheoPetitionerooooo:oMRoMoHoAHMEDo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR