Md Nurul Islam Laskar v. The State of Assam and 5 Ors

ORDER Date : 22-11-2023 Heard Mr. B. Purkayashta, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for the Secondary Education Department of Government of Assam, Mr. I.A. Alom, learned counsel for the National Council for Teacher Education and Mr. A.R. Bhuyan, learned counsel for the respondent No. 5 Md. Habibur Rahman Mazumder and Ms. M. Deka, learned counsel for the respondent No. 6 Assam University. Page No.# 3/4

¶2The petitioner who is a graduate teacher in the Public Higher Secondary School at Hailakandi has acquired the Master of Arts in History degree as per the certificate dated 15.11.2022 issued by the Indira Gandhi National Open University which is available as Annexure-5A page-35 and Bachelor of Education degree from the Assam University, Silchar as per the certificate dated

13.12.2022 available as Annexure-3B page-31 of the writ petition.

¶3There is an issue to the extent that the respondent authorities while reading into the qualification of the petitioner had ignored the Master of Arts in History degree obtained from the Indira Gandhi National Open University. Consequence therefore, the petitioner is deemed to be ineligible to hold the post of Principal of the School in an In-Charge basis. The consequential beneficiary although is the respondent No. 5 Habibur Rahman Mazumder who is allowed to be the In-Charge Principal. The petitioner also states that by the representation dated 10.11.2022 he had brought it on record as well as in the notice of the respondents that he had also acquired the Master of Arts in History degree from the Indira Gandhi National Open University.

¶4In view of the factual situation as indicated above, the respondents in the Secondary Education Department of Government of Assam is directed to give a consideration to the representation of the petitioner dated 10.11.2022 and also take note that it is the claim of the petitioner that he has also acquired the Master of Arts degree in History as per the certificate dated 15.11.2022 issued by the Indira Gandhi National Open University. Upon doing the needful, the consequential benefits that the petitioner may be entitled may also be looked into.

¶5The requirement of dealing with the representation dated 10.11.2022 of the petitioner be done within a period of five weeks from the date of receipt of Page No.# 4/4 certified copy of this order. Writ petition stands disposed of in the above terms.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010124662023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3424/2023o MDoNURULoISLAMoLASKARo S/O-oABDULoRAZAKoLASKAR,o SR.oMOSToASSTToTRACHER,oMA,oBED,oPUBLICoHIGHERoSECONDARYo SCHOOL,oHAILAKANDI,o R/O-oWARDoNO-XI,oBILPAR,oDHUMKAR,oHAILAKANDI,o P.SoANDoDIST-oHAILAKANDI,oASSAM,oPIN-788155 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oEDUCATIONoSECONDARYoDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoDIRECTOR oOFoSECONDARYoEDUCATION oASSAMo oKAHILIPARA oGUWAHATI-o19. 3:THEoINSPECTORoOFoSCHOOLS oHDC oHAILAKANDIoASSAM 4:NATIONALoCOUNCILoFORoTEACHERoEDUCATION o(NCTE) oNERoTOoBEoREP.oBYoITSoREGIONALoDIRECTOR oEASTERNoREGIONALoCOMMITTEE o15oNEELKANTHAoNAGAR oNAYAPALLI oBHUBNESHWAR oPIN-751012 Page No.# 2/4 5:MD. HABIBUR RAHMAN S/O- ABDUL KHALIQUE MAZUMDER ASSTT. TEACHER PUBLIC HIGHER SECONDARY SCHOOL HAILAKANDI R/O- HAILAKANDI TOWN WARD NO 1 (A) DIST- HAILAKANDI ASSAM PIN-788151 6:THE ASSAM UNIVERSITY SILCHAR TO BE REP. BY ITS REGISTRAR ASSAM UNIVERSITY SILCHAR CACHAR. ASSAM PIN-78801 Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA