Johirul Islam and 22 Ors v. The State of Assam and 3 Ors

ORDER

23.08.2023 Heard Mr. M R Khandarkar, learned counsel for the petitioners and Mr. U Sharma, learned Standing counsel, Department of School (Secondary) Education, Assam for the respondent Nos. 1, 2 & 4. Also heard Ms. D Das Barman, learned Government Advocate, Assam for the respondent No. 3.

¶2The petitioners herein are the guardians of the children studying in Airkata Girls High Madrassa, District-Dhubri.

¶3The Airkata Girls High Madrassa, District-Dhubri was brought under provincialisation by order dated 30.08.2013 under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 as amended issued by the Director of Secondary Education, Assam, in which the service of one Haidar Ali Mollah was provincialised as a Senior Hindi Teacher of the said Madrassa.

¶4Later, by order dated 28.02.2018 issued by the Commissioner & Secretary to the Government of Assam in the Secondary Education Department said Airkata Girls M.E. School was amalgamated with Airkata Girls High Madrassa and accordingly, the Hindi Teacher, Rezia Khatun of said Airkata M.E. School was merged with the Airkata Girls High Madrassa.

¶5It is stated that after such amalgamation of Airkata Girls High Madrassa with Airkata Girls M. E. School, the said Madrassa was termed as Airkata Girls High School.

¶6It is stated that there are 625 numbers of enrollment from Class-VI to Class-X with 14 Page No.# 7/8 numbers of Teachers excluding the Headmaster with PTR of 44.64:1 in the said Girls High School with 2 Hindi Teachers, one Senior Hindi Teacher, Haidar Ali Mollah and one Hindi Teacher of intermediate cadre, Rezia Khatun.

¶7However, pursuant to the order of the Inspector of Schools, Dhubri District Circle, Dhubri, dated 04.08.2023, at Serial No.94 the Senior Hindi Teacher, namely, Haidar Ali Mollah of the said Airkata Girls High School has been transferred and posted at Jamadarhat Janata High School in the district of Dhubri with a view to improve the number of PTR compliant schools, fill the need based vacancies and overall improvement in the quality of education in terms of the approval of the District Level Committee as well as the State Level Committee, Assam pursuant to the Assam Elementary and Secondary School Teachers' (Regulation and Posting and Transfer) Rules, 2022 read with the Assam Elementary and Secondary School Teachers' (Regulation of Posting and Transfer) Act, 2020 and in pursuance of the Government Notification under E-file No. 216176 dated 13.12.2022 communicated by the Directorate of Secondary Education, Assam on 19.12.2022.

¶8The petitioners herein being the guardians of the children studying in the Airkata Girls High School are aggrieved as the students of the said school are suffering due to the transfer of the Senior Hindi Teacher from the said High School, keeping only one Hindi Teacher that also for the intermediate classes with 625 numbers of enrollment of students in that school.

¶9The petitioners submitted a representation before the Inspector of Schools, Dhubri District Circle, Dhubri on 09.08.2023 with regard to the transfer of said Haidar Ali Mollah, Senior Hindi Teacher, which was received by the concerned Inspector of Schools on

10.08.2023 and the matter is presently pending before the said authority for disposal.

¶10After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of directing the Inspector of Schools, Dhubri District Circle, Dhubri to dispose of the said representation of the petitioners dated 09.08.2023 which was received by the said authority on 10.08.2023, on or before 22.09.2023, intimating the Headmaster of said Airkata Girls High School, Dhubri about the outcome of the said representation.

¶11Petitioners shall submit the certified copy of this order forthwith, before the Inspector Page No.# 8/8 of Schools, Dhubri District Circle, Dhubri, obtaining necessary acknowledgment from the said authority in that regard.

JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC010184762023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4816/2023o JOHIRULoISLAMoANDo22oORS.o S/O-oHASHMOToALI,oVILLAGE-oMOIRAKUCHIoPT-I,oP.O.oAIRKATA,oUNDERo P.S.oFAKIRGANJ,oDIST.-oDHUBRI,oASSAM,oPIN-o783330 2:oEAYHEYAoKHAN oS/O-oAJIJoKHAN oVILLAGE-oSUNDARPARAoPT-III oP.O.oJAMADARHAT 3:oHAKIMoALI oS/O-oSIKIMoALI 4:oJOHIRULoISLAM oS/O-oABULoHUSSAIN 5:oSAIFULoISLAMoMOLLAH oS/O-oABDULoAJIJoMOLLAH oVILLAGE-oSUNDARPARAoPT-IV PageoNo.#o2/8 6:oFULCHANoALI oS/O-oSAMSULoHOQUE oVILLAGE-oMOIRAKUCHIoPT-II 7:oABUoTAHER oS/O-oABDULoKHALEQUE oVILLAGE-oSUNDAPARAoPT-IV 8:oFATEMAoKHATUN oW/O-oABUoTAHER oVILLAGE-oMOIRAKUCHIoPT-II 9:oABDULoBASIT oS/O-oABDULoHALIMoMIAH oVILLAGE-oMOIRAKUCHIoPT-II 10:oSANOWARoHUSSAIN oS/O-oABDULoHALIM oVILLAGE-oMOIRAKUCHIoPT-II PageoNo.#o3/8 11:oNASHIRoUDDIN oS/O-oABDULoHALIM oVILLAGE-oMOIRAKUCHIoPT-II 12:oSULTANoALI oS/O-oMOHAMMADoALI oVILLAGE-oSUNDARPARAoPT-IV 13:oABDULoWAHABoANSARY oS/O-oABDULoKHALEQUE oVILLAGE-oSUNDARPARAoPT-IV 14:oABDUSoSALAMoMIAH oS/O-oSANDHUoSK oVILLAGE-oBORKALIAoCHATLARPAR oP.O.oFAKIRGANJ 15:oRAKMAToALI oS/O-oMD.oFAZARoALI PageoNo.#o4/8 16:oANSERoALI oS/O-oABDUSoWARES oVILLAGE-oMOIRAKUCHIoPT-II 17:oSOKERoALI oS/O-oEUSUFoALI oVILLAGE-oMOIRAKUCHIoPT-II 18:oPAULANoUDDIN oS/O-oMONSERoALI oVILLAGE-oBORKALIAoPT-II oP.O.oFAKIRGANJ 19:oKHALILURoRAHMAN oS/O-oABDULoJALEK oVILLAGE-oCHOTOKALIAoPT-II oP.O.oFAKIRGANJ 20:oABDURoROUF oS/O-oSIKIMoALI 21:oHAKIMoUDDIN oS/O-oABDURoSATTAR oVILLAGE-oROWARPAR PageoNo.#o5/8 oP.O.oJAMADARHAT 22:oANOWARoHUSSAINoSARKAR oS/O-oHAZRAToALIoSARKAR 23:oMANIKoALI oS/O-oRAKMAToALI oPIN-o78333o VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATIONo(SECONDARY),oDISPUR,o GUWAHATI-o781006 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM-CUM-CHAIRMANoOFoSTATEoLEVELoCOMMITTEE oSECONDARYoEDUCATION oKAHILIPARA oGUWAHATI-19 3:THEoDEPUTYoCOMMISSIONER-CUM-CHAIRMANoOFoDISTRICToLEVELo COMMITTEE oDHUBRI oP.O.oDHUBRI oDISTRICT-oDHUBRI oPIN-o783301 4:THEoINSPECTORoOFoSCHOOLS oDHUBRIoDISTRICToCIRCLEo(D.D.C.) Page No.# 6/8 DHUBRI P.O. AND P.S. DHUBRI DISTRICT- DHUBRI ASSAM PIN- 78330 Advocate for the Petitioner : MR. M R KHANDAKAR Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK