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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Kardak Ete
Md. Sahidul Islam, S/O Md. Jalaluddin – Appellant
Versus
State of Assam Represented By The Secretary To The Government Of Assam, Department of School Education – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. A.K. Hussain, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel for the Elementary Education Department appearing for respondent Nos.1, 2, 4 & 5, Ms. D.D. Barman, learned State Counsel for the respondent No.3, Mr. MAI Hussain, learned counsel appearing for respondent No.7 as well as Mr. F.U. Barbhuiya, learned counsel for the respondent No.8. None appears for the respondent No.6, despite service of notice.
2. The challenge made in this writ petition is to the order dated 16.06.2023, passed by the Secretary to the Govt. of Assam, Department of School Education, whereby the claim of the petitioner for provincialisation of his service as Social Science Teacher has been rejected on the ground that the District Scrutiny Committee, Nagaon has not recommended the name of the petitioner for provincialisation of his service.
3. The case of the petitioner, shorn of unnecessary details, is that the petitioner was appointed as Assistant Teacher in 1210 No. Pachim Moiradhaj M.E. Madrassa on 05.01.2006. The petitioner claims to be a Social Science Teacher, whereas the respondent Nos.6, 7 & 8 are Language Teachers. Out of four t
The court mandated reconsideration of the petitioner's claim for provincialisation as a Social Science Teacher, emphasizing adherence to statutory requirements under the Act.
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)....
The petitioner has a vested right for consideration of provincialization of services based on continuous service since 02.04.2010, despite erroneous submission by school authorities.
The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.
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 entitlement for provincialisation under the relevant Acts of 2011 and 2017 is based on the service particulars and requirements specified in the Acts.
The court directed the reconsideration of Hindi teachers' provincialization claims under the Assam Education Provincialization Act, emphasizing statutory eligibility criteria and the right to educati....
Point of Law : Section 19 of the Right of Children to Free and Compulsory Education Act, 2009, no school shall be established, or recognized, under Section 18 unless it fulfils the norms and standard....
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.
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