Nurun Nahar Begum and 9 Ors v. The State of Assam and 2 Ors

ORDER Date : 28-11-2023 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Mr. B. Choudhury, learned counsel for the respondents in the SSA and Mr. Ganesh Pegu, learned counsel for the respondents in the Elementary Education Department of Government of Assam.

¶2The petitioner claims that the issue raised in this writ petition would be covered by the order dated 23.06.2023 in WP(C)/3667/2023 and similar order may be passed. The order dated 23.06.2023 in WP(C)/3667/2023 is extracted as below: "Heard Mr. A.R.Bhuyan, learned counsel for the petitioners. Also heard Ms. N.Phukan, learned standing counsel, Elementary Education for the respondent Nos. 1 and 2 and Mr. S.Bora, learned standing counsel, SSA for the respondent No.3.

¶2The petitioners before this Court were serving as Education Volunteers (EV) under different Education Guarantee Scheme (EGS) Centers, which were established for implementation of provisions of the Right to Free and Compulsory Education Act, Page No.# 4/4 2009. The appointment of the petitioners as Education Volunteers were made after a selection process.

¶3The EGS Centers have been shut down due exhaustion of funds and the petitioners presently are without any job. They also do not possess the Teacher Eligibility Test

(TET) qualifications. As such, they are unable to apply for the job of Teachers.

¶4Therefore, being aggrieved, the petitioners had made a representation before the Minister of Education, Government of Assam by representation dated 02.06.2022, praying for relaxing from passing out the mandatory TET qualification in respect of the petitioners and permit them to apply for any teacher post.

¶5After hearing the learned counsel for the parties, it appears that the representation dated 02.06.2022 is made to the Minister of Education, Government of Assam and not before the appropriate authority. Accordingly, this writ petition is disposed of directing the petitioners to file a fresh representation before the Secretary, School Education Department, Govt. of Assam within a period of 2(two) weeks from today. Thereafter, on receipt of the representation, the Secretary, School Education Department shall consider and dispose of the same by a speaking order in accordance with law within a period of 2(two) months from the date of receipt of the representation.

¶6With the aforesaid observations and directions, the writ petition is disposed of."

¶3Mr. B. Choudhury, learned counsel for the SSA and Mr. Ganesh Pegu, learned counsel for the Elementary Education Department also agrees that the matter involved is covered by the order dated 23.06.2023 in WP(C)/3667/2023.

¶4As provided in the order dated 23.06.2023 in WP(C)/3667/2023 the petitioners may also submit representation before the Secretary to the Government of Assam in the Elementary Education Department and in the event such representation be submitted, a reasoned order may be passed on the same. Writ petition stands disposed of in the above terms. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010259122023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6730/2023o NURUNoNAHARoBEGUMoANDo9oORSo C/OoABDUSoSALAM,oVILL-GUNAIBORI,oP.O.-LUCHANABORI,oP.S.- MOIRABARI,oDIST-MORIGAONo(ASSAM),oPIN-782126 2:oFORIDAoYEASMIN oC/OoMD.oAKBARoALI oVILL-oNO.o1oMOUJADARoGAON oP.O.-NAKHUTI oP.S.-LUMDING oDIST-NAGAONo(ASSAM) oPIN-782447 3:oROFIQULoALAM oC/OoMANNASoALI oVILL-BORoHOLLOWKANDA oP.O.-HOLLOWKANDA oP.S.-BHURAGAON oDIST-MORIGAONo(ASSAM) oPIN-782121 4:oSHAHJAHANoALI oC/OoABDULoQUDDUS oVILL-BORCHALA oP.O.-BORCHALA oP.S.-LAHARIGHAT oDIST-MORIGAONo(ASSAM) oPIN-782106 5:oAYNALoHOQUE oC/OoJOHURoUDDIN oVILL-MOHMARA oP.O.-GORAIMARI oP.S.-LAHARIGHAT oDIST-MORIGAONo(ASSAM) PageoNo.#o2/4 oPIN-782104 6:oROFIQULoISLAM oC/OoALALoUDDIN oVILL-LOCHANABORI oP.O.-LOCHANABORI oP.S.-MOIRABARI oDIST-MORIGAONo(ASSAM) oPIN-782126 7:oMIRAJoALI oC/OoISMAILoHUSSAIN oVILL-BAGALIPARA oP.O.-CHETUAIoKHAITI oP.S.-LAHARIGHAT oDIST-MORIGAONo(ASSAM) oPIN-782127 8:oMUKTADURoRAHMAN oC/OoMOHAMMADoALI oVILL-AMRAGURI oP.O.-JALAKIABORI oP.S.-LAHARIGHAT oDIST-MORIGAONo(ASSAM) oPIN-782127 9:oNADIRAoKHATUN oC/OoSOMSHERoALI oVILL-LAHARIPAM oP.O.-GORAIMARI oP.S.-LAHARIGHAT oDIST-MORIGAONo(ASSAM) oPIN-782104 10:oMOFIDULoISLAM oC/OoHAZRAToALI oVILL-CHUTIAGAON oP.O.-DHUMKURA oP.S.-LAHARIGHAT oDIST-MORIGAONo(ASSAM) oPIN-78212o VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVT.oOFoASSAM,oEDUCATIONoELEMENTARYoDEPARTMENT,oDISPUR,o GUWAHATI-6,oASSAM Page No.# 3/4 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE MISSION DIRECTOR SARBA SHIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : MR. A R BHUYAN Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA