Omed Ali Mondal v. The State of Assam and 7 Ors

ORDER Date : 02.08.2024

¶1Heard Ms. K. Jain, learned counsel for the petitioner.

¶2Also heard Mr. P.N. Sarma, learned Standing counsel, Elementary Education Department, for respondent No. 1, 2, 3 & 5; Ms. T. Hazarika, learned Government Advocate, for respondent Nos. 4 & 6 and Mr. D.P. Chaliha, learned senior counsel, assisted by Ms. M. Roy, for respondent Nos. 7 & 8.

¶3The petitioner was initially appointed on the basis of an Appointment Letter dated 28.10.2007 as Assistant Teacher in Dindinga Gaurantari Girls M.E. Madrassa. The petitioner joined to the said post on 01.11.2007. The petitioner is Graduate in Arts and also has Diploma in Education and is continuing in service Page No.# 3/4 as Assistant Teacher of the said Dindinga Gaurantari Girls M.E. Madrassa. The said Madrassa received recognition on 29.12.2005.

¶4Thereafter, the names of the Teaching and Non-teaching Staff of the said Dindinga Gaurantari Girls M.E. Madrassa were forwarded to the District Scrutiny Committee for provincialization of their services under the Assam Education (Provincialization of Services of Teachers and Reorganization of Educational Institutions) Act of 2017 (Act of 2017 in short). The District Scrutiny Committee recommended the case of the petitioner for provincialization as a Social Science Teacher and the respondent No. 8 as a Language Teacher. However, the State Level Scrutiny Committee considered only the case of the respondent No. 8 and accordingly, the Director of Elementary Education, Assam issued an order on

05.02.2021 provincializing the service of the respondent No. 8 as a Tutor.

¶5The respondent Nos. 7 & 8 have filed counter affidavits and in the said affidavit, it is stated that the petitioner is junior to three other teachers of the said Madrassa including the respondent No. 8.

¶6Considering that there is a disputed question of fact involved with regard to the seniority as well as the eligibility between the petitioner and the respondent No. 8, this Court is of the considered opinion that it would be just and proper if the petitioner files an appeal before the State Government against the recommendation of the State Level Scrutiny Committee.

¶7Accordingly, this writ petition is disposed of directing the petitioner to file an appeal under Section 14 of the Act of 2017 before the State Government within a period of 1 (one) week from today. Thereafter, the State Government, on receipt of the said appeal, shall hear the petitioner as well as the respondent No. 8 in person and thereafter, on verification of all relevant documents, shall Page No.# 4/4 dispose of the appeal filed by the petitioner in accordance with law within a period of 2 (two) months from the date of receipt of the appeal.

¶8With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010101242020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3326/2020o OMEDoALIoMONDALo S/O-oMOKBULoHOSSAINoMONDAL,oR/O-oVILL-oDINGDINGAoPART-II,oP.O.o CHIRAKUTI,oP.S.oFAKIRGANJ,oDIST.-oDHUBRI,oASSAM,oPIN-o783330 VERSUSo THEoSTATEoOFoASSAMoANDo7oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo ELEMENTARYoEDUCATION,oDISPUR,oGHY-06 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGHY-19 3:THEoSTATEoLEVELoSCRUTINYoCOMMITTEE oKAHILIPARA oGHY oDIST.-oKAMRUPo(M) oASSAM oPIN-o781019 4:THEoDISTRICToLEVELoSCRUTINYoCOMMITTEE oDHUBRI oDIST.-oDHUBRI oREP.oBYoTHEoDY.oCOMMISSIONER oDHUBRIo(CHAIRMAN)oOFoTHEoDISTRICToLEVELoSCRUTINYoCOMMITTEE oDHUBRI oPIN-o783330 Page No.# 2/4 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI PIN- 783330 6:THE DY. COMMISSIONER DHUBRI PIN- 783330 7:THE HEADMASTER DINDINGA GAURANTARI GIRLS ME MADRASSA PIN- 783330 8:SHAHAZUR RAHMAN HEADMASTER DINDINGA GAURANTARI GIRLS ME MADRASSA PIN- 78333 Advocate for the Petitioner : MS. K JAIN, Advocate for the Respondent : SC, ELEM. EDU, MR. D P CHALIHA,MS M ROY,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR