SAMIM ROMJINUL HOQUE CHOUDHURY v. THE STATE OF ASSAM AND 7 ORS
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-21. SAMIM ROMJINUL HOQUE CHOUDHURY v. THE STATE OF ASSAM AND 7 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010186142020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5612/2020 SAMIM ROMJINUL HOQUE CHOUDHURY S/O ABDUL MALEK SK VILLAGE NAYERALGA PART III PO NAYERALGA, PS BILASIPARA, DIST DHUBRI, ASSAM 783348 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR GUWAHATI 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI 06 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 4:THE CHAIRMAN STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI 06 Page No. # 2/3 5:THE MEMBER SECRETARY STATE LEVEL SCRUTINY COMMITTEE ASSAM DISPUR GUWAHATI 06 6:THE CHAIRMAN.
DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER DHUBRI ASSAM 783301 7:THE MEMBER SECRETARY DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE INSPECTOR OF SCHOOLS DDC DHUBRI 783301 8:THE PRINCIPAL NAYERALGA HS SCHOOL PO NAYERALGA PS BILASIPARA DIST DHUBRI ASSAM 78334 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA ORDER Date : 21-12-2020 Heard Mr. S. N. Sarma, learned senior counsel for the petitioner. Also heard Mr. R. Mazumder, learned counsel for the Secondary Education Department. 2. Considering the nature of the order proposed to be passed, we deem it appropriate that no notice is required to be issue to the respondent No. 8 for the present. Page No. # 3/3 3. The petitioner who was appointed as a teacher in the subject history in Nayeralga H. S.
School is aggrieved to the extent that although the district level scrutiny committee had made a recommendation in his favour for provincialisation of his services under the Assam Education (Provincialisation of Services of Teachers & Re-organization of Educational Institution) Act, 2017 ( in short Act of 2017) but while the said recommendation was forwarded to the Director of Secondary Education, it was not acted upon on the ground that earlier in the year 2013, the claim of the petitioner for provincialisation under the Assam Venture Education Institutions (Provincialisatlion of Services) Act, 2011 (in short Act of 2011) was refused. 4. Being aggrieved, the petitioner has filed an appeal under Section 14 of the Act of 2017 before the Commissioner & Secretary to the Govt. of Assam in the Secondary Education Department which is dated 11. 12. 2020. 5.
The apprehension of the petitioner is that as the process of provincialisaltion is in the final stage, his case would again left out if the appeal is not given a consideration within a specific time. 6. As regards the other aspect not to provincialise the service of the petitioner as the earlier it was not done so under the Act of 2011, we require the Commissioner & Secretary to the Govt. of Assam to specifically look into the question as to whether the earlier refusal or non provincialisation can be a ground not to provincialise under the Act of 2017. 7. A plain reading of the Act of 2017 does not indicate any such provision which debars a person who was earlier not provincialised under the Act of 2011. 8. In any view of the matter, the Commissioner & Secretary to give a final consideration to the appeal dated 11. 12.
2020 within a period of 15 days from the date of receipt of the certified copy of the order and in the event, the appellate order goes in favour of the petitioner, the petitioner be not deprived of any benefit of provincialisation merely because the process may have been complete in the meantime. 9. Writ petition stands disposed of. JUDGE Comparing Assistant
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