Firoj Alam Laskar vs The State Of Assam And 4 Ors
2021 Latest Caselaw 1725 Gua

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GAHC010119612020




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

                          Case No. : WP(C)/3571/2020

         FIROJ ALAM LASKAR
         S/O- MD. MOIN UDDIN LASKAR, R/O- VILL- RAMNAGAR PECHADAHARR
         PART-IV, P.S. SILCHAR SADAR, DIST.- CACHAR, ASSAM

         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
         SECONDARY EDUCATION DEPTT., DISPUR, GHY-6

         2:THE JOINT SECY. TO THE GOVT. OF ASSAM
          SECONDARY EDUCATION DEPTT.
          DISPUR
          GHY-6

         3:THE DIRECTOR
          SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GHY-6

         4:THE DY. COMMISSIONER
          CACHAR
          P.O. AND P.S. SILCHAR
          DIST.- CACHAR
         ASSAM
          PIN- 788001

         5:THE INSPECTOR OF SCHOOLS
          CACHAR DISTRICT CIRCLE
          P.O. AND P.S. SILCHAR
          DIST.- CACHAR
         ASSAM
          PIN- 78800
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Advocate for the Petitioner : MR. M H LASKAR
Advocate for the Respondent : SC, SEC. EDU.

                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                    O R D E R

28.07.2021

Mr. R Mazumdar, learned counsel for the respondents in the Secondary Education Department prays for four weeks time to file the affidavit in opposition.

Prayer is allowed.

Mr. MH Laskar, learned counsel for the writ petitioner by relying some earlier judgments of this Court states that the issue raised in this writ petition as to whether the claim for provincialisation of the petitioner would be governed by the Assam Venture Education Institutions (Provincialisation of Services) Act, 2011 or by the Assam Madrassa Education (Provincialisation of Services of Employees and Re-organisation of Madrassa Educational Institutions) Act, 2018, had already been decided and accordingly a similar benefit is being claimed for.

The judgments relied upon by Mr. MH Laskar may be forwarded to Mr. R Mazumdar, learned counsel for his examination and Mr, Mazumdar, learned counsel may make his submission on the next date fixed.

List the matter after four weeks.

JUDGE

Comparing Assistant