Pradip Kumar Das v. The State of Assam and 6 Ors

ORDER Date : 12.02.2024

Heard Mr. S. Sarmah, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned standing counsel, Elementary Education Department and Mr. G. Pegu, learned Additional Senior Government Advocate for the State respondents.

¶2The grievances of the petitioner is that he was appointed as an Assistant Teacher by the School Managing Committee of Tingtingia Anususit Jati M.E. School at Tingtingia village, Jorhat vide order dated 27.02.2005 in Assamese subject. Since then, the petitioner is serving in the said school.

¶3The respondent No.7 has been provincialised as a tutor in Hindi subject, who is much junior to the petitioner.

¶4It is contended that the petitioner being the senior most Assistant Teacher in Assamese subject is entitled to be provicialised under Section 3 of Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short, 'Act of 2017).

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

¶6Having considered the provision of Section 14 of the Act of 2017, this writ petition stands Page No.# 3/3 disposed of with a direction to the petitioner to file an appeal before the Secretary to the Government of Assam, Elementary Education Department within a period of 15 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 petitioner 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 GAHC010089582022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3197/2022o PRADIPoKUMARoDASo S/O-oLT.oCHENIRAMoDAS,oR/O-oVILL.oTINGTINGIAoGAON,oP.O.oBORAHOMo KATHANI,oDIST.-oJORHAT,o(ASSAM),oPIN-o785006. VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCOMM.oANDoSECY.,oDEPTT.oOFoELEMENTARYoEDUCATION,o GOVT.oOFoASSAM,oDISPUR,oGHY.-06. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGHY.-19 oKAMRUP(M) oASSAM. 3:THEoDISTRICToSCRUTINYoCOMMITTEE oJORHAToDISTRICT oREP.oBYoDY.oCOMMISSIONER oJORHAToDISTRICT. 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oJORHAToDISTRICT. 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oNORTHoWESToJORHAToBLOCK oJORHAT. 6:THEoHEADoMASTER oTINGTINGIAoANUSUSIToJATIoM.E.oSCHOOL oPO-oBORHAMoKATHANI oPIN-o785006 Page No.# 2/3 DIST- JORHAT ASSAM. 7:BUDHIN BARUAH TUTOR TINGTINGIA ANUSUSIT JATI M.E. SCHOOL VILL. TINGTINGIA PO- BORHAM KATHANI PIN- 785006 DIST.- JORHAT ASSAM Advocate for the Petitioner : MR. B K DAS Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE KARDAK ETE