Sanowar Hussain Mondal v. The State of Assam and 4 Ors

ORDER Date : 21.12.2023 Heard Mr. D. A. Kaiyum, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned standing counsel, Elementary Education Department, appearing on behalf of the respondents No. 1, 2, 3 & 4; and Ms. D. Das Barman, learned Addl. Sr. GA, appearing on behalf of respondent No. 5.

As consented to by the learned counsels appearing for the parties, the matter is taken-up for disposal.

The petitioner was initially appointed as a Headmaster in Bakpara ME Madrassa on 25.11.2004. Thereafter, his case was considered for provincialization of his services. Accordingly, the petitioner's services came to be provincialized vide order dated 05.02.2021. In the order of provincialization, the petitioner was required to join his services in Mayerchar High School, which was identified as the base school.

The Base School as identified was not found to be convenient for the students of the Bakpara ME Madrassa on account of the distance involved and also on account of the fact of a river flowing in between the said two schools. The local people, guardians of the students of the school objected to the decision identifying Mayerchar High School, as the Base School. Such protest having emanated from various other schools, the Government of Assam in the Page No.# 3/4 Education Department issued order bearing No. ASE.73/2021/12 dated

18.02.2021, to constitute a District Level Committee and framed guidelines for identification of a proper Base School. The said District Level Committee was to examine the case of each school and identify an alternative Base School keeping in view of the guidelines mentioned in the Siksha Khetra Scheme.

It is stated at the Bar that the said District Level Committee had already done the scrutiny as required of it with regard to the school of the petitioner and a report has already been submitted to the authorities and the matter is presently pending consideration. The respondent authorities pending finalization of the recommendations of the said District Level Committee, had allowed the petitioner School to operate from the site it was so running before provincialization. Accordingly, the petitioner and other teachers continued to discharge their duties at the site where the said school existed on the date of its provincialization.

It is also stated by the parties that the said District Level Committee upon verification, had identified 1130 No. Bakpara LP School as the base school in place of Mayerchar High School, in-as-much as it is situated in the same campus as that of the petitioner's school.

The report of the District Level Committee has not been given its final consideration by the respondent authorities and in the meanwhile, the jurisdictional District Elementary Education Officer and Block Elementary Page No.# 4/4 Education Officer are insisting upon the employees of the school in question to attend their duties at Mayerchar High School along with a threat of their pay and allowances being held up if they do not join. Hence, this writ petition. It is seen that the petitioner by highlighting his grievances has approached the Secretary to the Government of Assam, Elementary Education Department, by way of filing a representation dated 02.09.2023 and the same is still pending disposal.

In view of the above; this writ petition is hereby disposed of by directing the Secretary to the Government of Assam, Elementary Education Department, to take on record the said representation as preferred by the petitioner and consider the same in the light of the recommendations that is available on record of the DLC constituted vide order dated 18.02.2021 and thereafter, to dispose of the same by way of passing a reasoned order.

The said representation be considered and disposed of within a period of 2(two) months from the date of receipt of a certified copy of this order. Till such consideration and disposal of the representation, dated 02.09.2023, is made, the employees of Bakpara ME Madrassa be not insisted to join in Mayerchar High School.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010220032023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5754/2023o SANOWARoHUSSAINoMONDALo HEADoMASTERoOFoBAKPARAoMEoMADRASSAMoS/OoLT.oSHAHABoUDDINo MONDALoVILL.oMAYERCHARoPARToVIIoP.O.oNAYERoALGAoDIST.oDHUBRIo ASSAMoPINo783348 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAMoDEPTT.oOFoSCHOOLo EDUCATIONoELEMENTARYoDISPURoGUWAHATIo6 2:THEoDIRECTORoOFoELEMENTARYoEDUCATIONoASSAM oKAHILIPARAoGUWAHATIo19 3:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHUBRI oP.O.oDIST.oDHUBRIoASSAMoPINo783301 4:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oBILASIPARA oP.O.oBILASIPARAoDIST.oDHUBRIoASSAMoPINo783348 5:THEoCHAIRMANo/ADDITIONALoDEPUTYoCOMMISSIONER oOFoTHEoDISTRICToLEVELoCOMMITTEE oDHUBRIoP.O.oDIST.oDHUBRIoASSAMoPINo78330o AdvocateoforotheoPetitionerooooo:oMR.oDoAoKAIYUMo AdvocateoforotheoRespondento:oSC,oELEM.oEDUoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR