GAHC010240912023

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6265/2023

AJAHAR ALI

S/O- LATE ABUL HUSSAIN, R/O- VILL.- BHERBHERIJHAR, P.O.

CHAMUAKHAT, DIST. DARRANG, ASSAM

VERSUS

THE STATE OF ASSAM AND 9 ORS.

TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT,

DISPUR, GUWAHATI-6.

2:THE DIRECTOR

ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-19.

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

DARRANG

DIST. DARRANG

ASSAM

4:THE BLOCK ELEMENTARY EDUCATION OFFICER

DALGAON- SIALMARI EDUCATION BLOCK

P.O. DALGAON

DIST. DARRANG

ASSAM

5:THE MISSION DIRECTOR

SARBA SIKSHA ABHIYAN

KAHILIPARA

GUWAHATI-19.

6:THE DISTRICT MISSION CO-ORDINATOR SARBA SIKSHA ABHIYAN DARRANG DIST. DARRANG ASSAM

7:THE DISTRICT LEVEL SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION DARRANG DIST. DARRANG ASSAM TO BE REPRESENTED BY ITS CHAIRMAN -CUM- DEPUTY COMMISSIONER DARRANG DIST. DARRANG ASSAM

8:THE STATE LEVEL SCRUTINY COMMITTEE ASSAM TO BE REPRESENTED BY ITS CHAIRMAN -CUM- THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 Advocate for the Petitioner : MR. M A I HUSSAIN, N ISLAM Advocate for the Respondent : SC, ELEM. EDU, SC, SSA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

24.11.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner and Mr. P.N. Sarma, learned standing counsel for the Elementary Education Department.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 16.07.2022, passed by the Director of Elementary Education (DEE hereinafter) and prayed for issuing direction to the respondent Nos. 1 & 2 to provincialise his service on the basis of the recommendation of the District Level Committee (DLC hereinafter).

3. The grievance of the petitioner is that he was initially appointed as Assistant Teacher, at Kawadanga ME Madrassa, on 18.06.1997 and he was taking classes of Assamese and Mathematics subject. Subsequently, on 06.02.2000, he was promoted to the post of Headmaster of the said school. In the meantime, the Government had introduced the Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017 and after enactment of the said Act, the particulars of the said school along with the staffs were placed before the DLC and after scrutinizing the same as well as enrollment of students, the DLC had recommended the name of four teachers, for provincialisation of their services, including the name of the petitioner. But, when the services of the employees of the school were provincialised on 05.02.2021, the name of the petitioner was dropped and therefore, he had approached this Court by filing a writ petition, being W.P.(C) No. 6137/2021 and vide order dated 22.11.2021, a Coordinate Bench of this Court had directed the respondent No. 2, to consider the case of the petitioner on the basis of the recommendation made by the DLC and pass a reasoned order. Thereafter, vide order dated 16.07.2022, the respondent No. 2 had rejected the case of the petitioner by holding that his name finds no mention in the U-DISE up-to 2011 – 12, although his name appeared in the DISE Data, with a spelling mistake and his name was recorded as Azahar Ali instead of Ajahar Ali and therefore, he has approached this Court by filing the present petition seeking the aforementioned reliefs.

4. Mr. Hussain, learned counsel for the petitioner submits that the name of the petitioner was continuously appearing in the DISE Data since 2009 – 10 till

2022 – 23. But, the spelling of his name, since 2009 – 10 till 2013 – 14 appeared as Azahar Ali and since 2014 – 15 till 2022 – 23 appeared as Ajahar Ali and the actual spelling of his name would have been Ajahar Ali, which was corrected in the year 2014. Mr. Hussain further submits that while passing the impugned order dated 16.07.2022, the respondent No. 2 had rejected the prayer of the petitioner for provincialisatio