Dr. Jahurul Hoque v. The State of Assam and 6 Ors

ORDER

06-01-2023 Heard Mr. R. Ali, learned counsel for the petitioner and Mr. S. Das, learned Standing counsel, Higher Education Department, Assam for the respondent Nos. 1, 2 & 3. Also heard Mr. P. Saikia, learned Government Advocate, Assam for the respondent No. 4; Mr. A. U. Ahmed, learned counsel for the respondent Nos. 5 & 6 and Mr. T. J. Mahanta, learned Senior counsel assisted by Ms. P. Bhattacharya, learned counsel for the respondent No. 7. Matter pertains to provincialisation of service of the petitioner as an Assistant Lecturer in the Department of Education in Uttar Barpeta College, Dhanbandha Sankuchi, District-Barpeta. Page No.# 3/4 Petitioner is seeking provincialisation of his service as an Assistant Professor in the Department of Education in Uttar Barpeta College, Dhanbandha, Barpeta under the provisions of the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011 as amended and challenged the process of the respondent authorities in taking steps for provincialisation of the service of the respondent No. 7 as an Assistant Lecturer in the Department of Education in said College under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, as amended disregarding his better claim. It is to be noted herein that pursuant to the approval of the State Government in the Higher Education Department, the Director of Higher Education, Assam vide order No. PC/HE/VEN.EDNL.

(57)/3/2014/60 dated 26.05.2014 provincialised the services of the teaching and non-teaching staff of said Uttar Barpeta College, Barpeta w.e.f. 14.08.2013 approving the provincialisation of one Dr. Abdul Kaddus Khan as Assistant Professor of Education of said College who joined the said College on

28.12.1998 and not provincialising the service of any other Lecturers in the Department of Education of said College. The Court while issuing notice to the respondents on 27.10.2022, in the interim directed the respondents not to provincialise the service of the respondent No. 7. Against the same, the respondent No. 7 has preferred the connected Interlocutory Application being I.A.(C) No. 3596/2022 for modification/ alteration/vacation of the ex-parte order dated

27.10.2022 passed in this proceeding. Though this writ petition was listed with the connected I.A.(C) No. 3596/2022, on 14.12.2022 and 21.12.2022, but the interim order dated 27.10.2022 passed earlier in this proceeding was not extended. Moreover, during the deliberation of the matter, Mr. Ahmed, learned counsel for the respondent Nos. 5 & 6, submits that the Principal of said Uttar Barpeta College, Barpeta had terminated the service of the petitioner on 10.12.2022 and that such termination of the petitioner on 10.12.2022 from the said College as a Lecturer of Education Department was made after due enquiry. In view of the termination of the petitioner dated 10.12.2022, this writ petition being infructuous, stands closed. Needless to say that as the interim order passed earlier on 27.10.2022 was not extended by the Court on 14.12.2022 & 21.12.2022, noted above, the same is no longer in force. Page No.# 4/4 It is made clear that if the petitioner prefers to challenge the termination order dated

10.12.2022, if so advised, and his such termination order is set aside by the appropriate forum, in that circumstance, the petitioner may approach the authority concerned for reconsideration of his case for provincialisation in accordance with law after any such advice.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010248172022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6784/2022 DR.oJAHURULoHOQUE S/OoLATEoNURULoHOQUE oVILL-BARBALA oP.S.-HOWLY oDIST-BARPETA oASSAM oVERSUS THEoSTATEoOFoASSAMoANDo6oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oHIGHERoEDUCATIONoDEPARTMENT oDISPUR oGUWAHATI-06 2:THEoDIRECTORoOFoHIGHERoEDUCATION oASSAM KAHILIPARA oGUWAHATI-19 o3:THEoSTATEoSCRUTINYoCOMMITTEE REPRESENTEDoBYoTHEoDIRECTOR oHIGHERoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 o4:THEoDISTRICToSCRUTINYoCOMMITTEE oBARPETA REPRESENTEDoBYoITSoCHAIRMAN-CUM-DEPUTYoCOMMISSIONER oBARPETA oP.O.oANDoDIST-oBARPETA oASSAM o5:THEoGOVERNINGoBODYoOFoUTTARoCOLLEGE Page No.# 2/4 DHANBANDHA REPRESENTED BY ITS PRESIDENT C/O THE PRINCIPAL OF UTTAR DHANBANDHA P.O.-SANKUCHI DIST- BARPETA ASSAM PIN-781314 6:THE PRINCIPAL OF UTTAR BARPETA COLLEGE DHANBANDHA P.O.-SANKUCHI DIST-BARPETA ASSAM PIN-781314 7:FARUQUE HASAN SIDDIKI S/O OMAR ALI VILL AND P.O.-HOWLY P.S.-HOWLY DIST- BARPETA ASSAM PIN-781316 ------------ Advocate for : MR. R ALI Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK