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2022 Supreme(Gau) 340

DEVASHIS BARUAH
ABU KHAYER S. K. S/O LATE FULBAR ALI S. K. – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.R. KHANDAKAR.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. M.R. Khandakar, the learned counsel for the petitioner and Mr. U. Sharma, the learned counsel for the Respondent Nos.1, 2, 4 and 5. Also heard Mr. A.K. Dutta, the learned counsel appearing on behalf of Respondent No. 6.

2. The instant writ petition has been filed challenging the recommendation of the District Scrutiny Committee, Dhubri, the select list dated 04.02.2021 insofar as the private respondent No. 6 has been recommended and his service has been provincialized as a Language Tutor of Dakhin Bisandai M.E. School and for a writ of mandamus for directing the respondents to appoint and provincialize the service of the petitioner as Language Teacher/Tutor of Dakhin Bisandai M.E. School on the basis of seniority under the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short “The Act of 2017”).

3. The case of the petitioner in brief is that he was appointed on 12.12.1985 as an Assistant Teacher in Dakhin Bisandai M.E. School by the School Managing Committee in the District of Dhubri, Assam and he joined the service on 01.01.1986 as Assistant Teacher in the said School.

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