Page No.# 1/3 vs The State Of Assam And 3 Ors
2022 Latest Caselaw 3984 Gua

                                                                  Page No.# 1/3

GAHC010204292022




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

                          Case No. : WP(C)/6607/2022

         SANOWAR HUSSAIN AND 4 ORS
         S/O NUR HUSSAIN, VILL AND P.O.-BAGODI, DIST-BARPETA, PIN-781311
         2: ZAHANGIR ALAM SIKDAR
          S/O MUFAZZAL HUSSAIN SIKDAR
         VILL AND P.O.-BAGODI
          DIST-BARPETA
          PIN-781311
         3: MONTAZ ALI
          S/O SHAHAR ALI
         VILL-MALIPARA
          P.O.-CHENIMARI
          DIST-BARPETA
          PIN-781305
         4: MD. ABDUL HAQUE
          S/O KABIR UDDIN
         VILL-TETLIRTAL
          P.O.-BARPALLY
          DIST-BARPETA
          PIN-781314
         5: MIZANUR RAHMAN
         VILL-POTA
          P.O.-MAJGAON
          DIST-BARPETA
          PIN-78131
         VERSUS
         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR-06

         2:THE DIRECTOR OF EDUCATION
          (SECONDARY) DEPARTMENT
          KAHILIPARA
          GUWAHATI-19
                                                                           Page No.# 2/3

            3:THE NATIONAL COUNCIL FOR TEACHERS EDUCATION
             REPRESENTED BY THE CHAIRPERSON
             HANS BHAWAN
            WING-II
             1 BAHADUR SHAH JAFAR MARG
             NEW DELHI-110002
            4:THE NATIONLA COUNCIL FOR TEACHERS EDUCATION
             EASTERN REGIONAL COMMITTEE
             REPRESENTED BY THE CHAIRPERSON
             BHUBANESHWAR REGIONAL DIRECTOR
             15 NEEL KANTH NAGAR
             NAYAPALI
             BHUBANESHWAR-75010

Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : SC, SEC. EDU.

                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                         ORDER

30.09.2022

Heard Mr. M.U. Mahmud, learned counsel for the petitioners, who submits that the petitioners earlier approached this Court along with other similarly situated persons through WP(C) No.6290/2021, which was disposed of vide judgment and order dated 17.01.2022 directing the respondent authority concerned to consider the provincialisation of the services of the petitioners as Teachers in the Secondary and Higher Secondary Schools where they were working. Pursuant to the direction, the Director of Secondary Education passed a speaking order on 05.05.2022 by rejecting the representation of the petitioners to be provincialised as Teachers and not as Tutors on the ground that they did not have the required percentage of marks, i.e. 50% marks in their Master Degree, as per the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 ( Act of 2017).

Page No.# 3/3

The learned counsel submits that since the petitioners have been working since late 1990s, they are not covered by the Act of 2017, but by the Assam Secondary Education (Provincialisation) Service Rules, 1982 ( Act of 1982), wherein the minimum qualification required is Second Class in Master Decree level. All the petitioners possess the required qualification as per the Act of 1982 and therefore, the speaking order dated 05.05.2022 and the order by which the petitioners were provincialised as Tutors dated 04.02.2021 (Annexure-14) should be set aside.

In view of issue Notice of Motion returnable by 4 (four) weeks.

Mr. B. Kaushik, learned counsel appears and accepts notice for the respondent nos.1 & 2 while Ms. R.R. Bora, learned counsel appears and accepts notice for the respondent nos.3 & 4.

Notice is therefore complete.

Petitioners to serve requisite extra copies of the writ petition to the learned counsels for the respondents appearing today within 2 (two) days.

List the matter again after four weeks.

The speaking order dated 05.05.2022 as well as the order of provincialisation of the petitioners as Tutors on 04.02.2021 shall be subject to the outcome of the writ petition.

JUDGE

Comparing Assistant