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2024 Supreme(Gau) 1179

N. UNNI KRISHNAN NAIR
Md. Sanidul Islam, Son Of Late Abdul Salam – Appellant
Versus
State Of Assam, Represented by the Commissioner And Secretary To The Government Of Assam Education (Elementary) Department – Respondent


Advocates Appeared:
For the Parties : Mr. I.H. Saikia, Adv.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. R. Ali, learned counsel, appearing on behalf of the petitioner. Also heard Mr. S. M. T. Chistie, learned standing counsel, Elementary Education Department, appearing on behalf of State respondents No. 1, 2 & 4; Ms. Deepanjalee Das Barman, learned Addl. Senior Government Advocate, appearing on behalf of respondent No. 3; and Mr. P. Bharadwaj, learned counsel, appearing on behalf of respondent No. 5.

2. The challenge made in the present proceeding is to an order, dated 19.02.2022, passed by the Director, Elementary Education Department, Assam, rejecting the case of the petitioner, herein, for provincialization of his service.

3. The petitioner, herein, contends that he was appointed as an Assistant Teacher on 24.04.2009 by the Managing Committee of Salbari M.E. Madrassa, Goalpara. The petitioner, accordingly, joined on the said date and contends to be teaching the language subject in the said school. Upon enactment of the Assam Education(Provincialization of Services of Teachers and Reorganization of Educational Institutions) Act, 2017; the Headmaster of the said school, submitted the particulars of the serving teachers therein, inclu

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