Gauhati High Court
Samsuddin Barbhuiya vs The State Of Assam And 4 Ors on 28 February, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010031962025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1019/2025
SAMSUDDIN BARBHUIYA
S/O LT. ROHMOT ALI, BARBHUIYA, R/O VILL. AMBICAPUR, P.O
MEHERPUR, DISTRICT- CACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARIAT TO
THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION,
DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHLLIPARA
GUWAHATI-19.
3:THE DISTRICT LEVEL SCRUTINY COMMITTEE (DLSC)
CACHAR
SILCHAR
TO BE REPRESENTED BY THE DISTRICT COMMISSIONER
CACHAR
SILCHAR.
4:THE INSPECTOR OF SCHOOLS
CACHAR
P.O AND P.S SILCHAR
DISTRICT CACHAR
ASSAM.
5:THE HEAD MASTER
SILCHAR HIGH SCHOOL (EARLLER KNOWN AS SILCHAR SENIOR
MADRASSA)
VILL. PECHADAHAR
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P.O TARAPUR
P.S SILCHAR
DIST. CACHAR
ASSAM
Advocate for the Petitioner : MR. M H LASKAR, MR. S ROY,M. HOSSAIN
Advocate for the Respondent : SC, SEC. EDU.,
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 28-02-2025
Heard Mr. MH Laskar, learned counsel for the petitioner, who submits
that para 39 of the order dated 26.08.2016 passed in WP(C) 490/2013 has
not been acted upon despite the order dated 22.01.2021 passed in WP(C)
1152/2019.
Para 39 of the order dated 26.08.2016 passed in WP(C) 490/2013 and the
relevant extract of the order dated 22.01.2021 passed in WP(C) 1152/2019 are
reproduced herein below respectively, as follows:-
WP(C) 490/2013
"39.In view of above, matter of provincialisation of Silchar Senior
Madrassa is remanded back to the Government in the Education Department for
examination afresh in accordance with law and having regard to the discussions
made above since the provincialisation order dated 27.12.2013 has been held to
be of no legal consequence. This exercise shall be completed within a period of
four months from the date of receipt of a certified copy of this order. If after
fresh exercise any party is aggrieved, the aggrieved party would be at liberty to
approach the competent Educational Tribunal for redressal of his/her grievance
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in terms of the Full Bench judgment of this Court in Abdul Gafur Mondal Vs.
State of Assam, 2015 (2) GLT 337."
WP(C) 1152/2019
"Since, the Assam Venture Educational Institution (Provincialisation of
Services) Act, 2011 has already been declared as ultra vires and
unconstitutional, the question of provincialization of services of the petitioners
under the said 2011 Act, (amended in 2012) cannot be considered at this stage
and the prayer of the petitioners is legally not tenable for provincialization of
their services under the said 2011 Act, the same being not in force. However, in
terms of the said order dated 26.08.2016 passed in WP(C) No. 490/2013, the
respondents in the Secondary Education Department of the State shall consider
the case of the petitioners as well as that of the petitioners of WP(C) No.
490/2013 in terms of the order dated 26.08.2016 afresh in accordance with law.
Needless to say that the respondents in the Secondary Education Department
shall complete the exercise at the earliest. As the order No.
DME.730/Prov./Cachar/2013/18 dated 27.12.2013 passed by the Director of
Madrassa Education (DME), Assam has already been set aside and quashed by
the Court in the order dated 26.08.2016 passed in said WP(C) No. 490/2013, as
Court observed above, therefore, the prayer made by the petitioners for
provincialization of their services under the said 2011 Act and for payment of
their salaries, does not have any legal force and are not tenable in law. With the
aforesaid observation and direction, this writ petition stands disposed of."
The petitioner's counsel submits that the respondents have not conducted
the exercise as directed by this Court.
Issue notice of motion, returnable in 4 (four) weeks.
Ms. P Das, learned counsel accepts notice on behalf of respondent Nos. 1,
2 & 4 while Mr. P Saikia, learned counsel accepts notice on behalf of respondent
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No. 3.
Petitioner to take steps for service of notice upon the respondent No. 5 by
registered post with A/D within 3 (three) days.
List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
