Mazibar Rahman vs The State Of Assam And 4 Ors
2023 Latest Caselaw 4554 Gua

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GAHC010157812023




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

                         Case No. : WP(C)/4184/2023

         MAZIBAR RAHMAN
         S/O- LATE NAZIR UDDIN AHMED,
         VILL AND P.O- BATSOR,
         P.S- BELSOR,
         DIST- NALBARI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY
         EDUCATION DEPTT., DISPUR, GHY-6

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

         3:THE DISTRICT SCRUTINY COMMITTEE
          NALBARI
          REP. BY THE DEPUTY COMMISSIONER
          DIST- NALBARI
         ASSAM

         4:INSPECTOR OF SCHOOLS
          NDC
          P.O
          P.S AND DIST- NALBARI
         ASSAM

         5:HEADMASTER CUM SECRETARY
          BBSB HIGH SCHOOL
          BARKHETRI BARNI
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            P.O- BATSOR
             DIST- NALBARI
            ASSA

Advocate for the Petitioner   : MR. A M BARBHUIYA

Advocate for the Respondent : SC, SEC. EDU.




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                         ORDER

Date : 08.11.2023 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel for the School Education Department, respondent nos.1, 2 and 4; and Mr. G. Pegu, learned Govt. Advocate for the respondent no.3.

2. In this writ petition, it is projected that by order dated 30.01.2023, the Director of Secondary Education Department, Assam held the petitioner to be senior. However, as the name of the petitioner was not found in the U-DISE code of the school for the year 2013, 2014, and 2015, the order for provincialisation of service of the petitioner was not passed. It is submitted that as per the ratio laid down in the case of Kishor Kumar Nath & Ors. vs. The State of Assam & Ors., WP(C) 1353/2022, decided by judgment dated 12.04.202, the entry of the name of the petitioner in the U-DISE code is not a pre-requisite.

3. Issue notice returnable in 4 (four) weeks.

4. Requisite extra copies of the writ petition be furnished to the learned State and departmental counsel in course of the day.

5. The pendency of the writ petition shall not be a bar for the respondent Page No.# 3/3

authorities to examine the claim of the petitioner in light of the case of Kishor Kumar Nath & Ors. (supra) and take appropriate decision in the matter.

6. The petitioner is permitted to produce a certified copy of this order before the Director of Secondary Education, Assam to bring the order to the notice of the said authority.

7. List after 4 (four) weeks.

JUDGE

Comparing Assistant