Jesmina Ahmed and 2 Ors v. The State of Assam and 4 Ors

ORDER

12.12.2023

Heard Mr. R Ali, learned counsel for the petitioners. Also heard Mr. P Saikia, learned counsel for the Deputy Commissioner, Barpeta and Mr. B Kaushik, learned counsel for the Secondary Education Department, Government of Assam.

¶2The petitioners herein are all teachers in the Milan Jyoti Junior College, Itervita which was established in the year 1997. The petitioners are aggrieved to the extent that their claim for provincialisation under the Assam Education (Provincialisation) of Services of Teachers and Re-organization of Educational Institution Act, 2017 (for short, Act of 2017) was rejected by the State Level Scrutiny Committee on the ground that the service particulars of the teachers of the school were not captured in the DISE code and therefore, they were ineligible for provincialisation. The rejection cannot be said to be wholly incorrect inasmuch as, Section 3(1)(xii) of the Act of 2017 provides for a pre-Page No.# 3/4 condition that in order to be provincialised there is also a necessity of the particulars of the teachers being captured in the DISE code. But, however, it is stated that there are certain schools which factually along with the teachers may exist, but because of certain other exigencies their information were not captured in the DISE code and to that extent there is a judgment of this Court dated 12.04.2023 in WP(C)No.1353/2022 and other writ petitions.

¶3It is also stated that being aggrieved by the rejection for provincialisation, an appeal under Section 14 of the Act of 2017 has also been preferred by the writ petitioners before the Secretary to the Government of Assam in the School Education Department.

¶4As an appeal had already been filed by the petitioners on the same grievance, we are of the view that the interest of justice would be met on a direction being issued to the appellate authority to give a consideration to the appeal filed by the petitioners and pass a reasoned order thereon and in doing so as for the issue that the particulars of the teachers were not captured in the DISE code, the judgment dated 12.04.2023 in WP(C)No.1353/2022 may also be taken note of by the appellate authority.

¶5The above exercise be done within a period of three months from the date of receipt of a certified copy of this order.

¶6The petitioners are also allowed to file a substituted memo of appeal in addition to the earlier appeal filed by them to substantiate their grievance.

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¶7Writ petition stands disposed of in the above terms. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010241872023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6468/2023o JESMINAoAHMEDoANDo2oORS.o W/O-oDR.oRAZAULoHOQUE,oVILL.-oMOIRAMARA,oP.O.oDABALIAPRA,oP.S.o HOWLY,oDIST.oBARPETA,oASSAM 2:oRANJUoKALITA oW/O-oLATEoPRASANTAoADHIKARY oR/O-oSONDARDIYA oP.O.oSANDARDIYA oDIST.oBARPETA oASSAM 3:oSAHJAHANoALIoKHAN oS/O-oLATEoABDULoKADERoKHAN oVILL.-oBONMAJAoPATHER oP.O.oBILASHIPARAoBAZAR oDIST.oBAKSAo(BTR) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATION,oDISPUR,oGHY-06. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM-CUM-CHAIRMANoOFoTHEoSTATEoSCRUTINYoCOMMITTEE oKAHILIPARA oGHY-19. 3:THEoINSPECTORoOFoSCHOOL oB.D.C. oBARPETA Page No.# 2/4 P.O. AND DIST. BARPETA ASSAM 4:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER BARPETA CUM CHAIRMAN DISTRICT SCRUTINY COMMITTEE BARPETA Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA