Nur Zamal Sheikh 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 Science Teacher in Uttar Nayer Alga ME Madrassa on 12.09.2005. 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 at Nayer Alga Hazipara ME Madrassa, which was identified as the base school.

The Base School as identified was not found to be convenient for the students of the Uttar Nayer Alga ME Madrassa on account of the distance involved and also on account of the inferior infrastructure available in the Base School in comparison to that available at Uttar Nayer Alga ME Madrassa. The local people, guardians of the students of the school objected to the decision identifying Nayer Alga Hazipara ME Madrassa, as the Base School. Such protest having emanated from various other schools, the Government of Assam in the Education Department issued order bearing No. ASE.73/2021/12 dated

18.02.2021, to constitute a District Level Committee and framed guidelines for Page No.# 3/4 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 2435/8 No. Uttar Nayer Alga LP School as the base school in place of Nayer Alga Hazipara ME Madrassa, 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 Education Officer are insisting upon the employees of the school in question to attend their duties at Nayer Alga Hazipara ME Madrassa along with a threat of their pay and allowances being held up if they do not join. Hence, this writ petition.

Page No.# 4/4 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 Uttar Nayer Alga ME Madrassa be not insisted to join in Nayer Alga Hazipara ME Madrassa.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010220062023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5756/2023o NURoZAMALoSHEIKHo INoCHARGEoHEADMASTERoOFoUTTARoNAYERoALGAoMEoMADRASSAo NAYERoALGAoPARToIIIoS/OoMD.oSAMANoALIoSHEIKHoVILL.oNAYERoALGAo PARToIVoP.O.oNAYERoALGAoDIST.oDHUBRIoASSAMoPINo783348 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo 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 ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR