Sirin Aktar Choudhury vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2028 Gua

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GAHC010125182021




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

                               Case No. : WP(C)/4230/2021

            SIRIN AKTAR CHOUDHURY
            W/O- JAKIR HUSSAIN LASKAR, R/O- VILL- APPIN PART-II, P.O. APPIN,
            DIST.- HAILAKANDI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
            EDUCATION DEPTT., DISPUR, GHY-6

            2:THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM
             KAHILIPARA
             GHY-19

            3:THE DISTRICT SCRUTINY COMMITTEE
             HAILAKANDI FOR ELEMENTARY EDUCATION
             REP. BY THE DY. COMMISSIONER
             HAILAKANDI
             P.O. AND DIST.- HAILAKANDI
            ASSAM

            4:THE BLOCK ELEMENTARY EDUCATION OFFICER
             KATLICHERA
             P.O. KATLICHERA
             DIST.- HAILAKANDI
            ASSA

Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

JUDGMENT & ORDER (ORAL)

Date : 01-09-2021

Heard Mr. N Haque, learned counsel for the petitioner. Also heard Mr. P N Sarma, learned counsel for the respondents no. 1, 2 and 4 being the authorities under the Elementary Education Department, Government of Assam and Mr. Girin Pegu, learned counsel for the respondent no. 3 being represented by the Deputy Commissioner, Hailakandi.

2. The petitioner Sirin Aktar Choudhury was appointed as an Assistant Teacher in the Hazi Nasa Mia Memorial LP School on 26.02.2001 and since then he has been continuously serving as a teacher in the school till date. The school had another teacher namely Ismatara Laskar who was appointed on 12.02.1999 and was also functioning as a head teacher. When the services of the petitioner and Ismatara Laskar were subjected to a consideration for provincialisation under the Assam Education (Provincialisation of Service of Teachers and Re-Organization of Educational Institutions), Act, 2017 (in short, the Act of 2017), there was a recommendation by the District Scrutiny Committee dated 31.12.2018 for provincialising the services of both the aforesaid teachers. But subsequently, by the order dated 05.02.2021, only the service of Ismatara Laskar was provincialised, leaving out the petitioner. Being aggrieved, the present writ petition is instituted.

3. We have taken note of the provisions of the Section 3(1)(x) of the Act of 2017 which inter-alia provides that in case of a LP School there is an entitlement for provincialisation in respect of two teachers.

4. From the said point of view, the petitioner being the second teacher in the Hazi Nasa Mia Memorial LP School is also has a legal right to be provincialised. We also take note that the said legal right of the petitioner was also accepted and recommended by the District Scrutiny Committee in its recommendation dated 31.12.2018.

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5. As a definite legal right had accrued to the petitioner under Section 3(1)(x) of the Act of 2017 and there being a recommendation in his favour by the District Scrutiny Committee, we direct the Director of Elementary Education, Assam to pass a reasoned order and bring the process of provincialisation of the petitioner to its logical end. The requirement of passing the order be done by the Director within a period of two months from the date of receipt of the certified copy of the order.

6. We also provide if for any other legally acceptably reason, the service of the petitioner is not to be provincialised under the law, the Director may pass a reasoned order thereof and the petitioner be informed about the same. But in absence of any legally acceptable reason, we prima facie find that there is a legal right of the petitioner for being provincialised under the provisions of Section 3(1)(x) of the Act of 2017.

7. Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant