Md. Mahammad Ali vs The State Of Assam And 7 Ors
2022 Latest Caselaw 2140 Gua

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GAHC010114092022




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

                          Case No. : WP(C)/3918/2022

         MD. MAHAMMAD ALI
         HINDI TEACHAR, KARAGARI PATHAR ANCHALIK HIGH SCHOOL, S/O
         LATE EMAN ALI, PO CHAPARBORI, PS AND DIST BARPETA, ASSAM 781352



         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, DISPUR,
         GUWAHATI 06

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          DEPARTMENT OF SECONDARY EDUCATION
          DISPUR
          GUWAHATI 06

         3:THE STATE LEVEL SCRUTINY COMMITTEE

          EDUCATION DEPARTMENT
          REPRESENTED BY THE CHAIRMAN
          DISPUR
          GUWAHATI 06

         4:THE DIRECTOR OF SECONDARY EDUCATION

          ASSAM
          KAHILIPARA
          GUWAHATI 19

         5:THE INSPECTOR OF SCHOOLS
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            B.D.C BARPETA ASSAM 781301

           6:SCHOOL MANAGING COMMITTEE
            KARAIGARI PATHAR ANCHALIK HIGH SCHOOL
            REPRESENTED BY ITS PRESENT PO CHAPORBARI
            PS AND DIST BARPETA
           ASSAM 781352

            7:THE HEADMASTER
             KARAIGARI PATHAR ANCHALIK HIGH SCHOOL
             PO CHAPORBARI
             PS AND DIST BARPETA
            ASSAM 781352
            8:MD. HIKMOT ALI
             2ND HINDI TEACHER
            KARAIGARI PATHAR ANCHALIK HIGH SCHOOL
             PO CHAPORBARI
             PS AND DIST BARPETA
            ASSAM 78135
Advocate for the Petitioner : MR. S NATH

Advocate for the Respondent : GA, ASSAM




                                 BEFORE
               HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                           ORDER

15.06.2022 Heard Mr. S Nath, learned counsel appearing on behalf of the petitioner and Mr. R Mazumdar, learned Standing counsel, Secondary Education Department, Assam for the respondent Nos. 1 to 5.

The petitioner is aggrieved by the Judgment and Order dated 03.06.2022 passed by the Education Tribunal-cum-District Judge in Misc. Education Case No. 01/2016, whereby the learned Tribunal-cum-District Judge, Barpeta dismissed/rejected the claim of the petitioner for provincialisation of his service in the post of Hindi Teacher in Karagari Pathar Anchalik High School of District-Barpeta.

Issue notice, returnable by 8 (Eight) weeks.

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As Mr. R Mazumdar, learned Standing counsel, Secondary Education Department has accepted the notices on behalf of the respondent Nos. 1 to 5, no formal notice need to be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to Mr. R Mazumdar, learned Standing counsel, Secondary Education Department by tomorrow i.e. 16.06.2022, obtaining necessary acknowledgements from him in that regard.

Petitioner shall take steps for service of notices on the respondents Nos. 6, 7 & 8 by registered post with A/D by tomorrow, i.e. 16.06.2022, providing their proper and correct addresses with requisite postal stamps.

Call for the records of Misc. Education Case No. 01/2016 from the Education Tribunal-cum-District Judge, Barpeta.

List accordingly.

JUDGE

Comparing Assistant