Md. Sahadous Alom v. The State of Assam and 4 Ors

ORDER Date : 12.01.2024

The petitioner by way of the present proceeding has prayed for provincialisation of his service as a Science teacher in Birat Nagar, Chariali High School of Dhubri district.

¶2The case of the petitioner not being considered for such Provincialisation, he had instituted WP(C) 9452/2019 before this Court and this Court vide order dated 08.01.2020 had disposed of the said writ petition requiring the respondent authorities to take the matter forward and to issue necessary order of provincialisation in favour of the petitioner. In terms of the said order dated 08.01.2020, the Director of Secondary Education, Assam vide order dated

29.09.2021 considered the case of the petitioner and rejected his case for provincialisation on the ground that the District Scrutiny Committee, Dhubri had not recommended his name for Provincialisation of his service.

¶3The petitioner has by way of the present proceeding also made challenge to the said order dated 29.09.2021.

¶4Today Mr. U. Sarma, learned Standing counsel, Directorate of School Education has placed before this Court the communication from the Director of Secondary Education, Assam wherein, it has been stated that although initially the name of the petitioner was not recommended by the District Scrutiny Committee, Dhubri, however on a review being done by the said committee, a fresh recommendation in favour of the petitioner for Provincialisation of his service as Assistant Teacher, Science has been received from the Inspector of School on

26.09.2019.

¶5It has also been brought on record that by the said communication the case of the Page No.# 3/3 petitioner has been processed and placed before the next meeting of State Level Scrutiny Committee.

¶6In view of such development, this petition stands disposed of directing the Director of Secondary Education, Assam forthwith to consider the case of the petitioner by the State Level Scrutiny Committee and thereafter basing on the recommendation of the said committee to take a decision with regard to the Provincialisation of the service of the petitioner. In the event, the case is favourably recommended by the State Level Scrutiny Committee, necessary orders towards provincialising the services of the petitioner shall be issued by the Director of Secondary Education, Assam. In the event, for any reason, the case of the petitioner is not recommended by the State Level Scrutiny Committee for Provincialisation his services, the reason for such decision shall be communicated to the petitioner in the form of a speaking order.

¶7The above exercise shall be carried out within a period of two months from the date of receipt of the certified copy of the order. The order either provincialising the service of the petitioner or communicating to him the reasons for not considering his case for Provincialisation shall be communicated to the petitioner within the said period of two months.

¶8With the above observation and direction, the writ petition stands disposed of.

¶9The instruction as produced by Mr. U. Sarma, learned counsel is kept on record and marked as 'X'. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010103472022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3731/2022o MD.oSAHADOUSoALOMo ASSTT.oTEACHER,oS/OoLATEoMANSERoALIoBEPARI,oR/OoVILL-oBISONDOIo PART-I,oP.O.-BISONDOIoPART-I,oP.S.-GOLAKGANJ,oDIST-oDHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oEDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oASSAM oP.O.-DHUBRI oPIN-783301 4:THEoINSPECTORoOFoSCHOOL oDHUBRIoDISTRICToCIRCLE oP.O.-DHUBRI oASSAM oPIN-783301 5:THEoHEADMASTERoOFoBIRAToNAGARoCHARIALIoHIGHoSCHOOL oBISONDOI oP.O.-GOLOKGANJ oDIST-oDHUBRI oPIN-78333o Page No.# 2/3 Advocate for the Petitioner : MS B MAJUMDER Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR