Abdul Monnaf v. The State of Assam and 3 Ors

Page No.# 1/3 GAHC010081372021

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2897/2021 ABDUL MONNAF S/O ABDUL BARIK CILLAGE DHAKNABARI, PO KAYETPARA, DIST BONGAIGAON, ASSAM 783389 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 GHY 19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON DISTRICT BONGAIGAON ASSAM 4:THE DISTRICT SCRUTINY COMMITTEE 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

B E F O R E

HON'BLE MR. JUSTICE KARDAK ETE

01.03.2024

Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department and Ms. D.D. Barman, learned Addl. Senior Govt. Advocate for the respondent no. 4. The petitioner claims to be Arabic Teacher in the Gaspara M.E. Madrassa is aggrieved by the non-provicialization of his service as Arabic Teacher. The District Level Committee in terms of the Section 3 and 8(3) of the Assam Educational (Provincialisation of Services of Teachers and Re-organization of Educational Institutions), Act, 2017 as amended in 2018 (in short Act of 2017) has recommended 4(four) teachers including the petitioner for provincialization of their services. Vide notification dated 04.02.2021, the three teachers have been provincialized. However, the name of the petitioner, namely, Abdul Monnaf has been dropped. Section 14 of the Act of 2017 provides for an appeal against the recommendation of the State Level Committee. As agreed to by the learned counsel for the parties and on consent, the writ+ petition stands disposed of with a direction to the petitioner to file an appropriate appeal before the Secretary of Elementary Education Department, Govt. of Assam within a period of 20 (twenty) days from today. The Secretary of School Education Department, Govt. of Assam shall consider appeal and dispose of the appeal by providing an opportunity of hearing to the petitioner within 4(four) months from the date of Page No.# 3/3 receipt of the appeal. With the above observation and direction, this writ petition stands allowed and disposed of.

JUDGE Comparing Assistant