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GAHC010030332021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1084/2021 ABDUL MALEK SHEIKH S/O- LT. FUL MAMUD SHEIKH, VILL- CHAGOL CHARA PT-III, P.O. CHAGOL CHARA, P.S. DHUBRI, DIST.- DHUBRI, ASSAM, PIN- 783324 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY-06
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM-CUM-CHAIRMAN OF STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19
3:THE MISSION DIRECTOR AXOM SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GHY-19
4:THE DY. COMMISSIONER-CUM-CHAIRMAN OF DISTRICT LEVEL SCRUTINY COMMITTEE (ELEMENTARY EDUCATION)
DHUBRI P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301
5:THE DIST. ELEMENTARY EDUCATION OFFICER-CUM- MEMBER SECRETARY OF DIST. LEVEL SCRUTINY COMMITTEE DHUBRI P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301
6:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR P.O. AND P.S. GAURIPUR DIST.- DHUBRI ASSAM PIN- 783330
7:THE BIKROM MEMORIAL M.E. MADRASSA REP. BY ITS HEAD MASTER NAMELY- MR. IMAN ALI SHEIKH VILL- BHASSANICHAR PT-II P.O. A.M. CO. ROAD P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 78332 Advocate for the Petitioner : MR. M R KHANDAKAR Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
['M R KHANDAKAR', 'SC', 'ELEM EDU', '', 'SSA', 'GA', 'ASSAM']
O R D E R
19.02.2021 Heard Mr. MR Khandakar, learned counsel for the petitioner, Mr. S Bora, learned counsel for the respondent No.3, Ms. N Phukan, learned counsel for the respondent Nos. 1, 2, 5 and 6 and Mr. SR Barua, learned counsel for the respondent No.4. Considering the nature of the grievance raised by the petitioner, we deem it appropriate that notice need not be issued to the respondent No.7 being the Bikrom Memorial ME MAdrassa represented by its Headmaster and neither the school is deemed to be a necessary party in this writ petition.
2. The petitioner, who is a Graduate in Science of the year 2012 and also D.El.Ed of the year 2019, was appointed as an Assistant Teacher (Science) in the Bikrom Memorial ME Madrassa in the Dhubri district on 14.07.1999 and it is stated that he is continuing as such till date. For the purpose of provincialisation under the Assam Education (Provincialisation of Services of Teachers & Re-organization of Educational Institutions) Act, 2017 (in short Act of 2017), when the format was prepared for consideration by the District Scrutiny Committee, the name of the petitioner finds place showing him to be a Science Teacher teaching Mathematics and Science and his order of seniority in the school is shown to be Number.3. The details of the teachers/tutors eligible for provincialisation as available in the aforesaid format is extracted below:-
| 6 | Details of Tutor eligible for provincialisation | As follows | |||||||
| Name of Teacher | Present post/ designation | Subject taught | Enrolment in the subject | Status of post whether 1st or 2nd or 3rd post | |||||
| 2014 | 2015 | 2016 | |||||||
| IMAN ALI SHEIKH | HM | LANGUAGE | 142 | 169 | 165 | 1 | |||
| JAMAL UDDIN MONDAL | AT | LANGUAGE | 142 | 169 | 165 | 2 | |||
| ABDUL MALEK SHEIKH | SCT | MATH & SCIENCE | 142 | 169 | 165 | 3 | |||
| MOHIBUL HOQUE | AT | LANGUAGE | 142 | 169 | 165 | 4 | |||
| HASANUR ALI KHAN | AT | SOCIAL SCIENCE | 142 | 169 | 165 | 5 | |||
| MD. MOZIBAR RAHMAN | AT | ARABIC | 142 | 169 | 165 | 6 | |||
| 7 | Details of Teacher/Tutor who are not eligible for provincialisation due to non availability of | As follows | |||||||
| Name of teacher | Present post/designation | Subject taught | Enrolment in the subject | Status of post whether 1st or 2nd or 3rd | |||||
| 2014 | 2015 | 2016 | |||||||
| ABUL HUSSAIN | AT | HINDI | 142 | 169 | 165 | 7 | |||
3. In the resultant process from the aforesaid details of the teachers of the school, the following teachers were provincialised:-
| 2134 | Dhubri | BEEO GAURIPUR | BIKROM MEMORIAL M.E. MADRASSA | IMAN ALI SHEIKH | Tutor | Natural Barrier |
| 2135 | Dhubri | BEEO GAURIPUR | BIKROM MEMORIAL M.E. MADRASSA | JAMAL UDDIN MONDAL | Tutor | Natural Barrier |
| 2136 | Dhubri | BEEO GAURIPUR | BIKROM MEMORIAL M.E. MADRASSA | ABUL HUSSAIN | Tutor | Natural Barrier |
| 2137 | Dhubri | BEEO GAURIPUR | BIKROM MEMORIAL M.E. MADRASSA | MOZIBAR RAHMAN | Tutor | Natural Barrier |
| 2138 | Dhubri | BEEO GAURIPUR | BIKROM MEMORIAL M.E. MADRASSA | HASANUR ALI KHAN | Tutor | Natural Barrier |
4. We have taken note of that Iman Ali Sheikh at Serial No.1 of the details of the teachers, who is also the Headmaster and teaching the Language subject has been provincialised; Jamal Uddin Mondal, at Serial No.2, who is an Assistant Teacher and teaching the Language subject has been provincialised; Abul Hussain, at Serial No.7, who is an Assistant Teacher and teaching the Hindi subject has been provincialised; Md. Mozibar Rahman at Serial No.6 and teaching Arabic subject has been provincialised and Hasanur Ali Khan, who is at Serial No.5 and teaching the subject Social Science has also been provincialised. But the petitioner, who is at Serial No.3 and is teaching the subject Mathematics and Science, has been left out.
5. Section 3(1)(xi) of the Act of 2017 inter-alia provides that in case of venture upper primary school there shall be minimum three teachers or tutors at least one teacher each for (a) Science and Mathematics (b) Social Studies and (c) Languages. We have taken note that two teachers teaching the Language subject have been provincialised, whereas an
