Abdul Jalil Choudhury v. The State of Assam and 3 Ors

ORDER

26.05.2023 Heard Shri N Borah, learned counsel for the petitioner. Also heard Shri B Kaushik, learned Standing Counsel, Education (Elem.) Department, Assam for all the respondents.

¶2Considering the subject matter of dispute and as agreed to by the learned counsel for the parties, the present writ petition, which is pending since the year 2016, is taken up for disposal at the admission stage.

¶3The petitioner is In-charge Head Master in the Basakandi ME Madrassa in the district of Cachar. He is aggrieved by a Gradation List of ME School Teachers pertaining to the Cachar district published by the District Elementary Education Officer, Cachar on

17.07.2016.

¶3The case of the petitioner is that there has been violation of the Assam Elementary Education (Provincialisation) Service and Conduct Rules, 1981 (hereinafter referred to as the 1981 Rules) in determining the seniority and in the instant case, the seniority of the petitioner has been ignored. The petitioner also apprehends that he would be outside the purview of consideration in the selection process for promotion to the post of Head Master.

¶4Shri Borah, learned counsel for the petitioner, however, submits that by efflux of time, the prayer made in this petition can be suitably moulded to the extent that in the preparation of any further gradation list, the case of the petitioner be considered by taking into account his seniority. Page No.# 4/4

¶5The aforesaid prayer is not opposed, in principle, by Shri Kaushik, learned Standing Counsel.

¶6In view of the aforesaid facts and circumstances as well as the submissions of the learned counsel for the parties, as recorded above, the instant writ petition is disposed of by directing that as and when the Gradation List of Teachers of ME Schools in the district of Cachar is prepared, the case of the petitioner is liable to be considered by giving due regard to his seniority along with other similarly situated persons.

¶7The writ petition is, accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010116022016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4566/2016 ALI AHMED S/O. LT. NURUL HAQUE, VILL. BIHARA PART-IV, P.O. BIHARA, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY.-06. 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-19. 3:THE DIST. ELEMENTARY EDU. OFFICER CACHAR ASSAM. 4:THE BLOCK ELEMENTARY EDU. OFFICER KATIGORAH CACHAR ASSAM Advocate for the Petitioner : MR.R GOGOI Advocate for the Respondent : SC, ELEMENTARY EDUCATION Page No.# 2/4 Linked Case : WP(C)/5224/2016 ABDUL JALIL CHOUDHURY S/O LT. MONIRUDDIN R/O VILL- LAMBA BASTI P.O. KORAIKONDI DIST. CACHAR ASSAM PIN - 788101. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR ASSAM. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR CACHAR ASSAM. ------------ Advocate for : MR. D BORAH Advocate for : SC ELEMENTARY EDUCATION appearing for THE STATE OF ASSAM AND 3 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI