Sawkat Ali Ahmed vs The State Of Assam And Anr
2021 Latest Caselaw 525 Gua

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GAHC010047412020




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

                           Case No. : WP(C)/907/2020



         SAWKAT ALI AHMED
         S/O- SAMSUL HOQUE
         A RESIDENT OF VILL. BANIARAPARA
         P.O. GAREMARI
         DIST.- BARPETA
         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND ANR.
         TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
         EDUCATION (HIGHER) DEPTT.
         DISPUR
         GHY.-06.

         2:THE DIRECTOR OF HIGHER EDUCATION
         ASSAM
         KAHILIPARA
          GHY.-19.
          ------------

Advocate for : MR A R BHUYAN Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

15-02-2021

Heard Ms. S. Z. Yasmin, learned counsel appearing on behalf of Mr. A. R. Bhuyan, learned counsel for the petitioner and Mr. A.R. Tahbildar, learned Standing counsel, Higher Education Department for the respondent Nos. 1 & 2.

Petitioner is seeking for provincialisation of his service as an Assistant Professor in Political Science in Srimanta Sankar and Madhab Mahavidyalay, Bhatkuchi, Barpeta under the provisions of "the Assam Venture Educational Institution (provincialisation of Services) Act, 2011 " amended in 2012.

The petitioner has preferred this writ petition on 06.02.2020 though the said 2011 Act has been declared as ultra vires and unconstitutional by the judgment and order dated 23.09.2016 passed in WP(C) No. 3190/2012.

Petitioner's contention herein is that though the Director of Higher Education, Assam recommended his name for provincialisation vide order dated 05.11.2015, but before provincialisation of his service, the Court by order dated 23.09.2016 struck the down the said 2011 Act.

List this matter after 4 (four) weeks, enabling the respondent in the Higher Education Department to file its affidavit in the matter.

JUDGE

Comparing Assistant