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
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
The court established that eligibility for provincialization of teachers' services must be based on verified service records and seniority, as per the provisions of the relevant Act.
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.
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.
Point of Law : Issue relating to the claim of provincialisation of the service of (a) Sahidur Islam (petitioner), (ii) Abdur Rashid Sk (respondent no. 7), and (iii) Abual Hussain Sk (respondent no.8)....
Point of Law : Issues involved in instant writ petition can be decided by a fact finding authority i.e. Educational Tribunal constituted under Section 19(2) of Act.
Point of Law : It would show that Commissioner and Secretary on basis of inconsistencies as regards multiple dates of appointment recorded in different official records had rejected claim of Petition....
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.
Claim made by the respondent no. 9 that he was working in the Kurshakati M.E. Madrassa from 14.11.2006 till his name was entered as Headmaster w.e.f. 30.09.2011 in the DISE data does not inspire the ....
The court established that administrative negligence in record-keeping cannot justify the denial of provincialisation of service, ensuring equal treatment under the law.
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