ORDER

31.07.2024 Date :

Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Mr. B.

Talukdar, learned standing counsel, Elementary Education Department for the respondent Nos. 1, 2, 3 and 5; Ms. D. D. Barman, learned Govt. Advocate for the respondent No.4 and Mr. A. Deka, learned counsel for the private respondent No.6.

2. The petitioner in the present writ petition claims to be the founder teacher of Gourangtary Feskarmaru M. E. Madrassa, Dhubri and was appointed by the Managing Committee on 02.01.1991. Thereafter, the petitioner was upgraded as Headmaster of the said School on 11.08.1996. The further case of the petitioner is that the respondent No.6 (Hatim Ali Khan) was appointed as Assistant Teacher of the Gourangtary Feskarmaru M. E. Madrassa by the Managing Committee by an order dated 09.03.2008.

3. In the meantime, the Govt. of Assam enacted the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institution) Act, 2017 (Act of 2017 in short). Accordingly, the School Authorities of Gourangtary Feskarmaru M. E. Madrassa forwarded particulars of the teaching staff of the said school to the District Scrutiny Committee for provincialisation of their services.

4. The case of the petitioner is that his case was recommended by the District Scrutiny Committee as a Social Science Teacher and the name of the respondent No.6 herein did not appear in the report of the said District Scrutiny Committee. However, as the service of the petitioner was not provincialised as per the recommendation of the District Level Scrutiny Committee, the petitioner approached this Court by filing WP(C)/2141/2021, wherein, the present respondent No.6 was arrayed as respondent No.7 therein.

5. During the pendency of the WP(C)/2141/2021 the respondent No.7 therein/ respondent No.6 herein filed an I.A.(Civil)/2143/2021 annexing a communication dated 07.09.2021 written by the Director of Elementary Education, Assam and addressed to the Senior standing counsel, Education (Elementary) Department, wherein, it was mentioned that the District Scrutiny Committee, Dhubri recommended the names of three teaching staffs of Gourangtary Feskarmaru M. E. Madrassa for provincialisation of services as per the Act of 2017. In the said Communication dated 07.09.2021, it was also indicated that the name of the respondent No.7 therein/respondent No.6 herein was shown at Sl. No.2 for provincialisation of his service.

Therefore, when this Court noticed the discrepancies with regard to the

2(two) recommendations of the District Scrutiny Committee, Dhubri, one in respect of the petitioner and the other in respect of the respondent No.6 herein/respondent No.7 therein, the Writ Petition No.2141/2021 was disposed of on 09.08.2022, directing the petitioner to file an appeal before the Director of Elementary Education, Assam within a period of 2(two) weeks from the date of the order. It was further directed that in the said appeal, the petitioner shall annex a copy of the writ petition, namely, WP(C)/2141/2021 along with all the annexures appended thereto and thereafter, the Director of Elementary Education, Assam shall hear the petitioner as well as the respondent No.7 therein/ respondent No.6 herein, and after verification of all relevant records shall pass an appropriate order in accordance with law.

6. Consequent to the directions passed by this Court on 09.08.2022 in WP(C)/2141/2021, the Director of Elementary Education Assam, passed an th order on 25 of July, 2023 and the relevant portion reads as under:

“Order:

From the above facts and circumstances, it is seen that DSC, Dhubri under Clause 13(6) of the Act/2017 was not recommended the name of petitioner, Alep Uddin Ahmed for Provincialisation of services, also the DSC, Dhubri resolved vide minutes dtd. 29/11/2017 that in case of Head Master of UP School recommended having more than 100 enrolments in the Institution. On the other hand, the DSC, Dhubri recommended 3 Nos of teachers un