Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 3 September, 2021
Page No.# 1/4
GAHC010104062021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3896/2021
ABDUL MOTIN AND 2 ORS.
S/O- ABU TAHER, VILL- PITHADIGAON, P.O. R.B. HAT, PIN- 781311, DIST-
BARPETA, ASSAM
2: ABUL KASHEM
S/O- LT. ABDUL BASHIR
VILL- HARIPUR
P.O. GOMAFULBARI
PIN- 781302
DIST.- BARPETA
ASSAM
3: MD. SAIRUDDIN AHMED
S/O- LT. HAJI MD. RAHIJUDDIN
VILL- PALHAZI
P.O. PALHAZI
PIN- 781309
DIST.- BARPETA
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. OF SECONDARY EDUCATION DEPTT.,
GOVT. OF ASSAM, DISPUR, GHY-6
2:THE DIRECTOR OF SECONDARY EDUCATION DEPTT.
KAHILIPARA
GHY-19
3:THE INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
B.D.C.
BARPETA
Page No.# 2/4
P.O. AND DIST.- BARPETA
ASSAM
PIN- 781301
4:THE ADC (EDUCATION) AND I/C INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
BARPETA
P.O. AND DIST.- BARPETA
ASSAM
PIN- 781301
5:THE DISTRICT SCRUTINY COMMITTEE
REP. BY THE DY. COMMISSIONER
BARPETA
P.O. AND DIST.- BARPETA
ASSA
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT
Date : 03-09-2021
Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr.
S.M.T. Chistie, learned counsel appearing for the respondents No.1, 2 and 3
being the authorities under the Secondary Education Department of the
Govt. of Assam, Ms. D.D. Barman, learned counsel for the respondent No.4
being the ADC (Education) & In-charge Inspector of School, Barpeta and the
respondent No.5 being represented by the Deputy Commissioner, Barpeta.
2. The petitioner No.1 Abdul Motin was appointed as a teacher in the Arabic
subject in the G.L. (Giri Lal) Das High School, Rangiagaon on 20.12.1997; the
petitioner No.2 Abul Kashem was also appointed as a Arabic teacher in the
Tarabari Char L.K. High School on 25.12.1994 and the petitioner No.3 Md.
Sairuddin Ahmed was appointed as a Arabic teacher in the B.H. High School on
30.06.2002.
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3. It is a common grievance of the three writ petitioners that when the
teaching staff of the school concerned where they were working were subjected
to the process of provincialisation under the Assam Education (Provincialisation
of Services of Teachers and Re-Organization of Educational Institutions) Act,
2017 (in short Act of 2017), the other teachers were provincialised but these
three petitioners were left out.
4. We have taken note of that the respective schools where the petitioners are
working are high schools and therefore governed by Section 3(1)(vii) of the Act
of 2017 for the purpose of their provincialisation. Section 3(1)(vii) provides that
the services of one teacher or tutor as the case may be in each subject
including the core subject in a venture high school having atleast 10 students in
the last final examination of that particular subject are to provincialised.
5. It is stated that in the respective schools concerned where the petitioners
are working no teacher of Arabic subject had been provincialised.
6. Under the provision of Section 3(1)(vii) of the Act of 2017 an Arabic
teacher is also to be considered for provincialisation and a legal right would
accrue in favour of such Arabic teacher for provincialisation if the number of
students in the Arabic subject in the school concerned who had appeared in the
last final examination would be 10 or more.
7. From the said point of view, there exist a legal right in favour of the
petitioners atleast for a consideration as to whether they are entitled to be
provincialised in the facts and circumstance of the respective cases.
8. In this respect, it has also been brought on notice that there is a
communication from the ADC(Education) & In-Charge Inspector of Schools,
Barpeta dated 17.08.2021 addressed to the Director of Secondary Education,
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Assam by which certain proposal for provincialisation was forwarded.
9. It is stated that in the list of Arabic teachers enclosed to the said
communication, the names of the present petitioners also appears.
10. Accordingly, we are of the view that interest of justice would be met on a
direction being issued to the Director of Secondary Education, Assam to give a
consideration to the communication dated 17.08.2021 whereby the proposal for
provincialising the services of the petitioners is also enclosed. The Director upon
considering the proposal shall pass a reasoned order on the entitlement of the
petitioners and if in the facts and circumstance and under the law, they are
entitled to be provincialised, appropriate order be passed or on the other hand,
if the Director is of the view that the petitioners either all or any of them, are
not entitled to be provincialised, a reasoned order on the same be passed.
11. The requirement of passing the reasoned order be passed within a period
of two months from the date of receipt of the certified copy of the order.
12. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
