Abdullah and 17 Ors v. The State of Assam and 5 Ors

ORDER 12-04-2023 Heard Mr. M. Rohman, learned counsel for the petitioner and Ms. H. Terangpi, learned Standing Counsel, Department of School Education for the respondent Nos. 1 to 5. Also heard Ms. D. Das Barman, learned Government Advocate, Assam for the respondent No.6. Petitioners are the employees of Dihirghat Senior Madrassa, Chapar, Dhubri, a venture educational institution. Petitioner Nos. 1 to 16 are the teaching staff whereas, the petitioner Nos. 17 and 18 are the non-teaching staff of the said Madrassa. It is claimed by the petitioners that they have been left out of provincialisation under the Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011, which was declared to be ultravires in the year 2016 and also under the provisions of the Assam Madrassa Education Page No.# 6/8 (Provincialisation of Services of Employees and Re-organisation of Madrassa Educational Institutions) Act, 2018 repealed in the year 2000 by the Repealing Act, 2000. As such, the petitioner have prayed for provincialisation of their services under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, as amended, as well as under the provisions of the Assam Education (Provincialisation of Services of non-teaching staff of Venture Educational Institutions) Act, 2018, as applicable to the petitioners concerned. Petitioners also submitted that because of the Repealing Act, 2000 brought into force by the State Government said Dihirghat Senior Madrassa has been re-named as Dihirghat High School and submitted that they are covered under the Assam Secondary Education (Provincialisation of Services) Rules, 2018. Because of non-provincialisation of services of the petitioner Nos. 1 to 16 under the said 2017 Act as well as for non provincialisation of services of the petitioner Nos. 17 and 18 under the said 2018 Act, they have been deprived of all the benefit of provincialisation. Hence, this writ petition. Petitioners admitted the fact that their School, namely, Dihirghat Senior Madrassa that has been re-named as Dihirghat High School, is still a venture educational institution. A full Bench of this Court in the case of Abdul Gofur Mondal Vs. State of Assam and Ors., decided on 19.03.2015, reported in (2015) 2 GLR 575 have provided that for any such provincialisation of their services, the incumbent concerned have to approach the Educational Tribunal for that purpose. The State Government in the Education Department in compliance of the order Page No.# 7/8 dated 11.11.2014 passed by this Hon'ble Court in WP(C) Nos. 4612/2011, 6109/2012 and 2272/2013 and also complying the order dated 19.03.2015 in the case of Abdul Gofur Mondal (supra) by the Full Bench vide Notification No. ELC/WP(C)2272/2013/403/194 dated 03.12.2015 as well as Notification No. ELC/WP(C)2272/2013/403/196 dated 02.06.2016 constituted Educational Tribunal in each of the Districts of Assam including the District of Dhubri to adjudicate the disputes relating to the teaching and non-teaching staff of such Educational Institutions including the claim for provincialisation in respect of teaching and non-teaching staff of venture educational institution within their respective territorial jurisdiction from the date of issuance of those Notifications. It is well settled that - when a certain things should be done in a certain way, the thing must be done in that way or not at all. For the reasons above, in exercise of the powers conferred under Article 226 of the Constitution of India, this Court is not inclined to entertain this writ petition, as the petitioners have an appropriate forum for redressal of their grievances regarding the claim of provincialisation of their services. However, the petitioners are at liberty to approach the concerned Educational Tribunal, having appropriate jurisdiction, regarding the claim for provincialisation of their services, if so advised. With the above observation and direction, this writ petition stands disposed of. JUDGE Page No.# 8/8 Comparing Assistant

PageoNo.#o1/8 GAHC010232192022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7386/2022o ABDULLAHoANDo17oORSo S/OoLATEoJAMALoULLAH,oVILL-oALURBHUI,oP.O.-SILAGARA,oP.S.- KOKRJHAR,oDIST-oKOKRAJHAR,oPIN-783348 2:oRAMJANoALIoSARKAR oS/OoABDULoKUDDUSoSARKAR oVILL-oSRIGRAMoPART-VI oPIN-783348 3:oSHAMSUDDIN oS/OoLATEoWELAYAToALI oVILL-oSRIGRAMoPART-VI oPIN-783348 4:oABDULoAZIZoSK oS/OoLATEoIMANoALI oVILL-oSUAPARAoPART-V oP.O.-BILASIPARA oP.S.-BILASIPARA oPIN-783348 5:oMOSADDARoALI oS/OoFAZARoALI oVILL-KASARIVITA PageoNo.#o2/8 oP.O.-BAHALPUR oPIN-783371 6:oJAHANARAoKHATUN oW/OoANOWARoHUSSAIN oVILL-oSRIGRAMoPART-VI oP.O.oANDoP.S.-CHAPOR oPIN-783371 7:oNIZAMUUDIN oS/OoMOKBULoHUSSAIN oVILL-oDHIRERCHARoPART-II oP.O.-CHAPOR oPIN-783371 8:oJAHANGIRoALOM oS/OoJAMALoUDDIN oVILL-oFULJORPARAoPART-II oP.O.oANDoP.S.-CHAPOR oPIN-783371 9:oMOIDULoISLAM oS/OoSAMSULoHOQUE oVILL-oSRIGRAMoPART-VI oPUIN-783371 10:oRAHIMoALI oS/OoABDULoMANNAFoMOLLAH oVILL-oLALKURA oP.O.-CHAPOR oPIN-783371 11:oKURMANoALI PageoNo.#o3/8 oS/OoMOZIBARoRAHMAN oVILL-oAREARJHARoPART-II oP.O.-CHAPOR oPIN-783371 12:oNURJAMALoKHAN oS/OoSHAHEBoALIoKHAN oVILL-oSRIGRAMoPART-VI oPIN-783348 13:oROUSHONARAoALOM oW/OoKHORSEDoALOM oP.O.-CHAPOR oVILL-oKAZIPARAoPART-1 oWARDoNO.o4 oPIN-783371 14:oJABEDoALI oS/OoLATEoRUSTOMoALI oVILL-SIMLABARIoPART-III oP.O.-CHAPOR oPIN-783371 15:oABDURoRAZZAK oS/OoLATEoAYANoULLAHoSK. oVILL-oSRIGRAMoPART-VI oPIN-783348 16:oMUSADDERoALI oS/OoLATEoDANEZoALI oVILL-oSRIGRAMoPART-VI PageoNo.#o4/8 oPIN-783348 17:oKURMANoALI oS/OoSHAHAoALI oVILL-LALKURA oP.O.-CHAPOR oPIN-783371 18:oSHAJAHANoALI oS/OoLATEoMOJIBARoRAHMAN oVILL-oLALKURA oP.O.-CHAPOR oPIN-78337o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo TOoBEoREPRESENTEDoBYoTHEoPRINCIPALoSECRETARY,oGOVERNMENToOFo ASSAM,oEDUCATIONoSECONDARYoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoCOMMISSIONERoANDoSECRETARY oGOVERNMENToOFoASSAM oEDUCATIONoSECONDARYoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDIRECTORoSECONDARYoEDUCATION oDISPUR oGUWAHATI-19 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHUBRI oP.O.oANDoP.S.-DHUBRI Page No.# 5/8 5:THE INSPECTOR OF SCHOOLS DHUBRI P.O. AND P.S.-DHUBRI DIST-DHUBRI ASSAM 6:THE DISTRICT LEVEL SCRUTINY COMMITTEE DHUBRI REPRESENTED BY ITS CHAIRMAN -CUM- DC DHUBR Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : SC, SEC. EDU. BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK