DOULAT ALI v. THE STATE OF ASSAM AND 3 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-10-12. DOULAT ALI v. THE STATE OF ASSAM AND 3 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010119562020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 3505/2020 1:DOULAT ALI S/O- LT. NIL MAHMUD SHEIKH, HEAD MASTER JUGIPARA M. E. SCHOOL, VILL- JUGIPARA, P. O. BALABARI, P. S. DHULA, DIST. - DARRANG, ASSAM, PIN- 784190 VERSUS 1:THE STATE OF ASSAM AND 3 ORS. TO BE REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT. (ELEMENTARY), DISPUR, GHY-06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE ADC CUM CHAIRMAN OF DLC DARRANG MANGALDOI PIN- 784125 4:THE DISTRICT LEVEL SELECTION COMMITTEE (DLSC) DARRANG MANGALDOI PIN- 784125 REP. BY DEEO DARRANG MANGALDOI CUM MEMBER SECY. DLSC DARRANG MANGALDOI PIN- 78412 Page No. # 2/3 Advocate for the Petitioner : MD. M H CHOUDHURY Advocate for the Respondent : SC, ELEM. EDU BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 12-10-2020 Heard Md. M. H. Choudhury, learned counsel for the petitioner and Ms. N.
Phukan, learned Standing counsel, Elementary Education Department of the State for the respondent Nos. 1 and 2. Petitioner is claiming to be the founder Head Master of Jugipara M. E. School under Pub- Mangaldoi Education Block of Darrang District. Said Jugipara M. E. School is still in the venture stage. It is submitted by the petitioner that provincialisation of services of the teaching and non-teaching staff of the said M. E. School are under process under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017. Mr. Choudhury, learned counsel for the petitioner also submits that in the DISE Code (District Information System for Education) as well as the UDISE Code (Unified District Information System for Education) and the relevant documents enclosed with these Codes, petitioner has been shown as Head Master in-charge of said school.
Hence, this writ petition by the petitioner, praying to show him as the Head Master of Jugipara M. E. School instead of the Head Master in-charge of the said school. After the Full Bench decision of the Court in the case of Abdul Gafur Mandal Vs. State of Assam and others, reported in 2015 (2) GLT 337 , the State Government in the Education Department by notification dated 03. 12. 2015 under No. ELC/WP(C) 2272/ 2013/403/194 as well as the notification dated 02. 06. 2016 under No.
ELC/WP(C)2272/2013/403/196 constituted Educational Tribunal in all the districts of Assam designating the District Judge /Additional District Judge of each district to function such Educational Tribunal and to adjudicate the dispute of teaching and non-teaching staff of non Government Educational Institutions as well as the dispute relating to the disciplinary action against the claim for provincialisation of service within their respective territorial jurisdiction from the date of issuance of those two notifications. As the petitioner’s school is a Venture Educational Institution as on date, no such prayer of the Page No. # 3/3 petitioner can be considered as made in this writ petition in exercising the power under Article 226 of the Constitution of India. Accordingly, this writ petition being not maintainable stands dismissed. However, it is made clear that the petitioner may approach the appropriate Education Tribunal, if so advised for redressal of his grievances.
JUDGE Comparing Assistant
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