Gauhati High Court
Masuma Ahmed vs The State Of Assam And 5 Ors on 6 May, 2022
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GAHC010082102022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2893/2022
MASUMA AHMED
W/O- AMINUR ISLAM AHMED
VILLAGE- DUMARDAHA PART -I
P.O- BALAJAN
P.S- GAURIPUR
DISTRICT- DHUBRI, ASSAM
PIN-783331
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
ELEMENTARY EDUCATION DEPARTMENT DEPTT., DISPUR, GUWAHATI-06.
2:THE DIRECTOR
OF ELEMENTARY EDUCATION
ASSAM- CUM- CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE DEPUTY COMMISSIONER
CUM CHAIRMAN OF THE DIST. SCRUTINY COMMITTEE
(ELEMENTARY EDUCATION)
DHUBRI
P.O AND DIST- DHUBRI
ASSAM
PIN-783301
4:THE DIST. ELEMENTARY EDUCATION OFFICER
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CUM MEMBER SECRETARY OF THE DIST. SCRUTINY COMMITTEE
DHUBRI
P.O AND DIST- DHUBRI
ASSAM
PIN-783301
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
GAURIPUR
P.O- GAURIPUR
DIST- DHUBRI
ASSAM
PIN-783330
6:JULFA AHMED
HEADMISTRESS OF SILGHAGRI M.E SCHOOL
W/O- ENAMUL HOQUE PRODHANI
VILL- KHAGRABARI
P.O- SAHEBGANJ
P.S- GAURIPUR
DIST- DHUBRI
ASSAM
PIN-78333
Advocate for the Petitioner : MR. M R KHANDAKAR
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Date : 06-05-2022
JUDGMENT & ORDER (ORAL)
Heard Mr. MR Khandakar, learned counsel for the petitioner. Also heard Mr.
Ganesh Pegu, learned counsel for the respondent Nos. 1, 2, 4 and 5 being the authorities
under the Elementary Education Department, Government of Assam and Ms. DD
Barman, learned counsel for the respondent No.3, Deputy Commissioner, Dhubri .
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2. Considering the nature of the order to be passed, notice is not required to be served
on the respondent No.6 Smti Julfa Ahmed.
3. The petitioner is a language teacher in the Silghagri ME School in the Dhubri
district having been appointed on 05.07.2006 and the respondent No.6 Smti Julfa Ahmed
is also a language teacher of the same school and was appointed on 20.12.2010. If the
respective dates of appointments are correct, apparently the petitioner would be senior to
the respondent No.6 as a language teacher of the school.
4. When the language teacher of the school was not provincialised and on the other
hand the social science and science teachers were provincialised, the petitioner instituted
WP(C) 2398/2021 which was given a final consideration by the order dated 31.03.2021.
By the said order, a direction was issued to the respondents in the Elementary Education
Department to carry forward the recommendation of the District Scrutiny Committee for
provincialising the language teacher of the school to its logical end. Consequent thereof,
the order impugned dated 07.01.2022 had been passed by the Director of Elementary
Education Department, Assam . By the said order, the claim of the petitioner for
provincialisation as a language teacher of the school stood rejected by providing that the
SLC had recommended three teachers respectively as language teacher, science teacher
and social studies teacher and the name of the petitioner Masuma Ahmed was not
recommended for provincialisation. It is stated that no one had been provincialised as
language teacher of the school concerned. It was also provided in the order impugned
that the name of the other teacher Julfa Ahmed did not appear in the DISE code.
5. Be that as it may, we are of the view that it was incumbent upon the Director to call
for the entire records to find out as to which of the teacher was entitled for being
provincilased as a language teacher of the school and if there was an incorrect
recommendation made by the SLC in favor of some teacher whose name did not appear
in the DISE code or as a matter of fact there was incorrect decision of the SLC in not
recommending the petitioner who otherwise may have been entitled , it was for the
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Director to look into the matter and pass a reasoned order rather than taking a
perfunctory view that as the SLC did not recommend the petitioner so the petitioner is
rejected and as the SLC had recommended another person whose name did not appear in
the DISE code and therefore the said person be also rejected
6. Accordingly, we interfere with the order dated 07.01.2022 and direct the Director of
Elementary Education Assam to determine as to who would be entitled to be
provincialised and accordingly pass a reasoned order thereon. Requirement may be done
within 2 months from the date of receipt of a certified copy of this order and in doing so,
if necessary , the other person may also be given a hearing by the Director.
7. Writ petition disposed of as indicated herein above.
JUDGE
Comparing Assistant
