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N. UNNI KRISHNAN NAIR
Ala Uddin Sheikh, S/o. Kobaz Ali SK. – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam, Education Department (Elementary) – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.) :
Heard Mr. R. Islam, learned counsel, appearing on behalf of the petitioner in WP(c)1792/2023 as well as appearing on behalf of respondent No. 6 in WP(c)3368/2023; and Mr. D. A. Kaiyum, learned counsel, appearing on behalf of the petitioner in WP(c)3368/2023 as well as appearing on behalf of respondent No. 6 in WP(c)1792/2023. Also heard Mr. B. Talukdar, learned standing counsel, Elementary Education Department, appearing on behalf of the State respondents in both the writ petitions.
2. The challenge made in the above-noted writ petitions, is to the orders issued by the respondent authorities for the purpose of holding the charge of the post of Headmaster of Poyesti Chalakura Nuria M.E. Madrassa. A further challenge in the above-mentioned writ petitions is to the inter-se seniority position as assigned to the petitioners in both the writ petitions.
3. The facts requisite for adjudication of the issues arising in the present proceedings, is so noted from the writ petition being WP(c)1792/2023 and the parties are also denoted in terms of their placement in the said writ petition.
4. The petitioner in WP(c)1792/2023 was appointed by the School Ma
The court established that for determining seniority post-provincialization, the date of birth is the determinable factor when prior service in a venture school is not considered.
The Court established that seniority for provincialization of teachers' services must be determined based on accurate service records as per the Assam Education Act, 2017.
The main legal point established in the judgment is the requirement for the respondent authorities to follow the regular appointment process as mandated by the Assam Secondary Education (Provincialis....
The main legal point established in the judgment is the importance of following the provisions of Rule 12 of the Maharashtra Employee of Private Schools (Conditions of Services) Regulation Rules, 198....
Point of Law : Education Officer (Secondary) can exercise jurisdiction to determine any inter se dispute as regards seniority that has been referred to him under Rule 12(3) of the said Rules till suc....
A senior language teacher has the primary claim for provincialisation under the Assam Education Act, and failure to provide justifiable reasons for excluding such a claim is arbitrary.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
The court refrained from deciding on the genuineness of the appointment letter due to the pending criminal proceedings, but allowed the petitioner to approach an appropriate forum if the appointment ....
Seniority in service is determined by the date of regularization, not the initial appointment date, as per the applicable service rules.
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