Md. Abdus Samad Sheikh vs The State Of Assam And 3 Ors
2021 Latest Caselaw 548 Gua

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GAHC010022282017




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

                                 Case No. : WP(C)/2732/2017

            MD. ABDUS SAMAD SHEIKH
            S/O. LT. SAFFARUDDIN SHEIKH, VILL. BIJOYPUR, P.O. AMBARI, P.S.
            GOALPARA, DIST. GOALPARA, ASSAM, WORKING AS A GRADE-III STAFF
            LDA IN PADUPARA ANCHALIK MADRASSA HIGH SCHOOL.



            VERSUS

            THE STATE OF ASSAM and 3 ORS.
            REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION
            DEPTT., DISPUR, GHY.-06.

            2:THE DIRECTOR

             EDUCATION SECONDARY ASSAM
             KAHILIPARA
             GHY.-19.

            3:THE INSPECTOR OF SCHOOLS

             GOALPARA DISTRICT CIRCLE
             GOALPARA
             ASSAM.

            4:THE JOINT SECRETARY
            TO THE GOVT. OF ASSAM
             EDUCATION ELEMENTARY DEPTT.
             DISPUR
             GUWAHATI-06 AND MEMBER SECRETARY OF HIGH POWER COMMITTEE
             DISPUR
             GHY.-06

Advocate for the Petitioner   : MS.K DEVI
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Advocate for the Respondent : SC, SECONDARY EDUCATION

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

17/02/2021

Heard Ms. K Devi, learned counsel for the petitioner and Mr. K P Pathak, learned Standing counsel, Secondary Education Department for the respondent Nos. 1, 2 & 3.

Though, the name of the petitioner was forwarded to the High Power Committee to find out as to whether he is a dropped LDA in Padupara Anchalik Madrassa High School or not, the said High Power Committee in terms of the judgment and order passed in the case of Jiban Ch. Deka and Ors .

rejected the case of the petitioner for regularization of his service as dropped 2 nd LDA of the said

Madrassa holding that as there is no provision for the post of 2 nd LDA in the Madrassa High School, therefore, the case of the petitioner cannot be recommended as a dropped LDA of the said Padupara Anchalik Madrassa High School.

Being aggrieved with such finding of the High Power Committee, the petitioner has preferred this writ petition.

List this matter on 05.04.2021, enabling the State Government in the Secondary Education Department to place the relevant instructions.

Pendency of this writ petition shall not be a bar for the respondents in the Secondary Education Department including the High Power Committee constituted in terms of the judgment and order passed in the case of Jiban Ch. Deka (supra) to re-verify as to whether the petitioner was a

dropped 2nd LDA of the said Padupara Anchalik Madrassa High School in the district of Goalpara or not and whether he is eligible for recommendation as a dropped LDA in the said Madrassa High School.

JUDGE Page No.# 3/3

Comparing Assistant