Ismail Ali Sk vs The State Of Assam And 7 Ors. Rep. By The ...
2024 Latest Caselaw 5879 Gua

Gauhati High Court

Ismail Ali Sk vs The State Of Assam And 7 Ors. Rep. By The ... on 14 August, 2024

Author: Suman Shyam

Bench: Suman Shyam

                                                                    Page No.# 1/5

GAHC010120042023




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

                         Case No. : I.A.(Civil)/1588/2023


         ISMAIL ALI SK
         S/O- SEKENDAR ALI SK. R/O VILL.- PAGALGANJ P.O. - PAGLAGANJ
         P.S.- GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 783334.

                         VERSUS

         1: THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMMISSIONER AND
         SECY. TO THE GOVT. OF ASSAM DEPTT. OF SCHOOL EDUCATION DISPUR
         GHY- 781006.

         2:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAMKAHILIPARA GUWAHATI- 781019.

         3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CUM MEMBER
         SECRETARY DISTRICT LEVEL SCRUTINY COMMITTEE DHUBRI DIST.-
         DHUBRI ASSAM PIN- 783301.

         4:THE DEPUTY COMMISSIONER
         DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.

         5:THE DEPUTY INSPECTOR OF SCHOOLS
         DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.

         6:THE SCHOOL MANAGING COMMITTEE OF BALASHI L.P. SCHOOL REP. BY
         ITS PRESIDENT VILL.- PAGLAGANJ P.O.- PAGLAHAT DIST.- DHUBRI ASSAM
         PIN- 783334.

         7:THE HEADMASTER-CUM-MEMBER SECY. MOHAMMED ALI
         VILL.- PAGLAGANJ P.O.- PAGLAHAT DIST.- DHUBRI ASSAM PIN- 783334.

         8:SALEHA KHATUN
         W/O- SAKIRUDDIN HOQUE VILL.- PAGLAGANJ
         P.O.- PAGLAHAT DIST.- DHUBRI ASSAM PIN- 783334.
                                                            Page No.# 2/5

Linked Case : I.A.(Civil)/1599/2023

ISMAIL ALI SK
S/O- SEKENDAR ALI SK. R/O VILL.- PAGALGANJ
P.O. - PAGLAGANJ P.S.- GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 783334

                VERSUS

1: THE STATE OF ASSAM AND 8 ORS. REP. BY THE COMMISSIONER AND
SECY. TO THE GOVT. OF ASSAM DEPTT. OF SCHOOL EDUCATION DISPUR
GHY- 781006.

2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GUWAHATI- 781019.

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CUM MEMBER
SECRETARY DISTRICT LEVEL SCRUTINY COMMITTEE DHUBRI DIST.-
DHUBRI ASSAM PIN- 783301.

4:THE DEPUTY COMMISSIONER
DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.

5:THE DEPUTY INSPECTOR OF SCHOOLS
DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.

6:THE SCHOOL MANAGING COMMITTEE OF BALASHI L.P. SCHOOL REP. BY
ITS PRESIDENT VILL.- PAGLAGANJ P.O.- PAGLAHAT DIST.- DHUBRI
ASSAM PIN- 783334.

7:THE HEADMASTER-CUM-MEMBER SECY. MOHAMMED ALI
VILL.- PAGLAGANJ P.O.- PAGLAHAT DIST.- DHUBRI ASSAM PIN- 783334.

8:SALEHA KHATUN
W/O- SAKIRUDDIN HOQUE VILL.- PAGLAGANJ
P.O.- PAGLAHAT DIST.- DHUBRI ASSAM PIN- 783334.

Linked Case : I.A.(Civil)/2373/2024

ISMAIL ALI SK
S/O- SEKENDAR ALI SK. R/O VILL.- PAGALGANJ
P.O. - PAGLAGANJ P.S.- GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 783334.

               VERSUS

1: THE STATE OF ASSAM AND 8 ORS REP. BY THE COMMISSIONER AND
SECY. TO THE GOVT. OF ASSAM DEPTT. OF SCHOOL EDUCATION DISPUR
GHY- 781006.
                                                                        Page No.# 3/5

            2:THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM KAHILIPARA GUWAHATI- 781019.

            3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CUM MEMBER
            SECRETARY DISTRICT LEVEL SCRUTINY COMMITTEE DHUBRI DIST.-
            DHUBRI ASSAM PIN- 783301.

            4:THE DEPUTY COMMISSIONER DHUBRI-CUM- CHAIRMAN DISTRICT
            SCRUTINY COMMITTEE DHUBRI P.O. PS. AND DIST.- DHUBRI ASSAM PIN-
            783301.

            5:THE DEPUTY INSPECTOR OF SCHOOLS
            DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.

            6:THE SCHOOL MANAGING COMMITTEE OF BALASHI L.P. SCHOOL REP. BY
            ITS PRESIDENT VILL.- PAGLAGANJ P.O.- PAGLAHAT DIST.- DHUBRI ASSAM
            PIN- 783334.

            7:THE HEADMASTER-CUM-MEMBER SECY. MOHAMMED ALI
            VILL.- PAGLAGANJ P.O.- PAGLAHAT DIST.- DHUBRI ASSAM PIN- 783334.

            8:SALEHA KHATUN
            W/O- SAKIRUDDIN HOQUE VILL.- PAGLAGANJ
            P.O.- PAGLAHAT DIST.- DHUBRI ASSAM PIN- 783334.

For the petitioners       : Ms. R. Choudhury, Advocate

For respondent(s)         : Mr. N. Das, GA, Assam

Ms. K. Das, SC, Elementary Education Mr. M. Dutta, Advocate

- BEFORE -

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

14.08.2024 (Vijay Bishnoi, CJ)

Out of these three Interlocutory Applications, I.A. (Civil) No. 1588/2023 (in WA No. 201/2023) and I.A. (Civil) No. 1599/2023 (in WA No. 202/2023) have been filed praying for stay of the common judgment and order dated 11.05.2023 passed by the learned Single Judge in WP(C) No. 5209/2016 and WP(C) No. 1177/2015; and I.A. (Civil) No. 2373/2024 (in WA No. 202/2023) Page No.# 4/5

has been filed by the same applicant praying for stay of the order dated 25.07.2024 under Memo No. DPD/H/16/2016/94, issued by the Director of Elementary Education Assam, whereby the stay of the provincialisation order of the private respondent has been withdrawn in compliance of the order dated 11.05.2023 passed by this Court in WP(C) No. 5209/2016.

Since all these Interlocutory Applications have been filed with the prayer for stay of the effect and operation of the same judgment and order, these Interlocutory Applications, though listed separately, have been taken up together for consideration.

WA No. 201/2023 and WA No. 202/2023 are filed by the appellant being aggrieved with the judgment and order dated 11.05.2023 passed by the learned Single Judge in WP(C) No. 5209/2016 and WP(C) No. 1177/2015, whereby the aforesaid writ petitions filed by the appellant herein challenging the provincialisation of the services of the private respondent as Assistant Teacher in Balashi L.P. School in the District of Dhubri, have been dismissed.

We have heard the learned counsel appearing for the parties and have also gone through the impugned judgment and order including the materials available on record.

The learned single Judge, after taking into consideration the submissions made on behalf of the respective parties, has dismissed both the writ petitions while observing that the decision taken by the Balashi L.P. School Managing Committee, in its meeting held on 22.11.2012 degrading the private

respondent as 2nd Assistant Teacher and promoting the writ petitioner/applicant

herein as 1st Assistant Teacher was without any jurisdiction and, that too, was taken without providing any opportunity of hearing to the private respondent. The learned Single Judge has also taken note of the fact that, as a matter of Page No.# 5/5

fact, in WP(C) 1177/2015, the petitioner did not pray for any interim relief for restraining the respondent authorities in the Elementary Education Department from considering the claim of the private respondent for provincialisation of her services. The learned Single Judge has opined that the challenge laid by the writ petitioner to the provincialisation of the services of the private respondent is without any merit.

Having gone through the impugned judgment and order and having perused the materials available on record, we are of the opinion that the impugned common judgment and order dated 11.05.2023, passed by the learned Single Judge in WP(C) No. 5209/2016 and WP(C) No. 1177/2015, is not liable to be stayed.

Resultantly, the impugned order dated 25.07.2024, which was issued by the Director of Elementary Education, Assam in compliance of the order dated 11.05.2023 passed by this Court in WP(C) No. 5209/2016 is also not liable to be stayed.

In view of the above, all these Interlocutory Applications stand dismissed.

                  JUDGE                          CHIEF JUSTICE




Comparing Assistant