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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Zinnatun Nehar – Appellant
Versus
State Of Assam Rep By The Commissioner And Secretary To The Govt. Of Assam, Education (Elementry) Dept. – Respondent
| Table of Content |
|---|
| 1. establishing the factual history and procedural background of the employment record. (Para 1 , 2 , 3 , 4 , 5) |
| 2. conflicting arguments regarding administrative errors in dise data and identity verification. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. interpretation of identity consistency across administrative records despite typographical name variations. (Para 12 , 13 , 14 , 15 , 16) |
| 4. directives for the mandatory provincialization of services based on verified status. (Para 17 , 18 , 19) |
JUDGMENT :
SHAMIMA JAHAN, J.
Heard Mr. Z. Hammad, learned counsel for the petitioner. Also heard Ms. S. Konwar, Learned Standing Counsel for Elementary Education Department as well as Mr. P. Nayak, Learned Standing Counsel for SSA and Ms. D.D. Barman, learned Additional Senior Govt. Advocate appearing for the respondent No.4.
2. An opportunity was given to the state respondents to file affidavit, but more than one year has elapsed and they had not filed their affidavit and as such, this case is taken for disposal.
3. By this application preferred under Article 226 of the Constitution of India, the petitioner has prayed for setting aside the impugned order dated 5- 12-2024 passed by the Directo
The court established that administrative negligence in record-keeping cannot justify the denial of provincialisation of service, ensuring equal treatment under the law.
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 ....
Provincialization must be based on accurate data, as revealed by the DISE data discrepancies affecting eligibility under the education 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 absence of names in DISE Data does not justify exclusion from provincialisation under the Assam Education Act; teachers in Venture Junior Colleges are not required to be listed in DISE Code.
The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.
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 omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
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