Sabita Khatun vs The State Of Assam And 7 Ors
2021 Latest Caselaw 1757 Gua

                                                                   Page No.# 1/3

GAHC010080262021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/3505/2021

         SABITA KHATUN
         W/O HUSSAIN ALI, VILL. KAMALPUR, P.O. KAMALPUR, P.S. AND DIST.
         BARPETA, ASSAM, PIN 781352



         VERSUS

         THE STATE OF ASSAM AND 7 ORS.
         REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR,
         GHY 06

         2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

          EDUCATION (SECONDARY) DEPTT.
          DISPUR
          GHY 06

         3:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GHY 19

         4:THE CHAIRMAN

          STATE LEVEL SCRUTINY COMMITTEE
          REPRESENTED BY THE COMMISSIONER AND SECY. TO GOVT. OF ASSAM
          EDUCATION (SECONDARY) DEPTT. DISPUR
          GHY 06

         5:THE MEMBER SECY.
          STATE LEVEL SCRUTINY COMMITTEE
         ASSAM
          DISPUR
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             GUWAHATI 06

            6:THE CHAIRMAN

            DIST. LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DEPUTY
            COMMISSIONER
            DHUBRI
            ASSAM
            PIN 783301

            7:THE MEBER SECY.

            DIST. LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE INSPECTOR
            OF SCHOOLS
            DDC
            DHUBRI
            PIN 783301

            8:THE HEAD MASTER

             KAMALPUR HIGH SCHOOL
             P.O. AND P.S. KAMALPUR
             P.S. AND DIST. BARPETA
             ASSAM
             PIN 78135

Advocate for the Petitioner   : MR. M U MONDAL

Advocate for the Respondent : SC, SEC. EDU.




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                         ORDER

Date : 03/08/2021

Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. P. Saikia, learned counsel for the respondent No.1 and 6 being represented by Chief Secretary to the Govt. of Assam and the Deputy Commissioner, Dhubri, Mr. R. Mazumder, learned counsel for the respondents No.2, 3, 4, 5 and 7 being the authorities under the Secondary Education Department of the Govt. of Assam.

2. Issue notice, returnable in 4 (four) weeks. Extra copies be furnished within Page No.# 3/3

three days. Steps on the respondent No.8 by registered post with A/D within three days.

3. The petitioner claims provincialisation as a crafts teacher in Kamalpur High School, Barpeta. We have noticed that the provision for provincialising a crafts teacher is provided in section 4(2)(iv) of the Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017 (in short Act of 2017).

4. Mr. R. Mazumder, learned counsel states that in an appropriate writ petition before the Division Bench, the vires of Section 4(2)(iv) of the Act of 2017 has been assailed. As the very provision under which the petitioner is claiming his right is being assailed before the Division Bench, this matter to be listed after the Division Bench judgment in respect of Section 4(2)(iv) of the Act of 2017.

JUDGE

Comparing Assistant