BKC ME MADRASSA AND ANR v. THE STATE OF ASSAM AND 6 ORS
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-14. BKC ME MADRASSA AND ANR v. THE STATE OF ASSAM AND 6 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010150862020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4597/2020 BKC ME MADRASSA AND ANR REPRESENTED BY ITS HEADMASTER NAMELY AKBAR ALI AHMED 2: AKBAR ALI AHMED S/O ABDUR RASHID R/O VILLAGE GOLAPARA PS ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-78338 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION(ELEMENTARY) DEPARTMENT, DISPUR, GHY-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DEPUTY DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE DISTRICT LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER BONGAIGAON 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER Page No. # 2/3 BONGAIGAON 6:THE DEPUTY INSPECTOR OF SCHOOLS NORTH SALMARA ABHAYAPURI DIST.
BONGAIGAON ASSAM 7:THE BLOCK ELEMENTARY EDUCATION OFFICER SRIJANGRAM BONGAIGAON ASSA Advocate for the Petitioner : MR A A DEWAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA ORDER Date : 14-12-2020 Heard Mr. AA Dewan, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned counsel for the Elementary Education Department and Mr. B Deuri, learned counsel for the District Level Scrutiny Committee represented by the Deputy Commissioner. 2. The petitioner, namely, Balarchar Kalikura Chailabari ME Madrassa, has approached this Court for a direction that the case for provincialisation of the teaching and non-teaching staff of the Madrassa, in question, be done as provided in Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (for short, the Act of 2017).
It is stated that the District Level Scrutiny Committee (for short, DLSC) of Bongaigaon district had recommended for provincialisation of the teaching and non-teaching staff of the Madrassa, in question, but the matter is presently pending before the State Level Scrutiny Committee. Page No. # 3/3 3. Mr. B Kaushik, learned counsel for the Elementary Education Department states that the provincialisation process under the Act of 2017 is being undertaken all over the State and at present the recommendations of the entire DLSCs are still being awaited. Once these recommendations are made available, the State Level Scrutiny Committee would take up all the matters in one go along with the petitioner’s Madrassa. 4.
In view of such statement, the writ petition stands closed by directing that the recommendation for provincialisation of the teaching and non-teaching staff of the petitioner Madrassa be brought to its logical end as per law in the same process when the State Level Scrutiny Committee would take up the matter along with all other similarly situated schools. 5. In the event, the petitioner Madrassa is not given its consideration by the State Level Scrutiny Committee when it would take up the matters along with all other similarly situated schools, the petitioner, Madrassa would be at liberty to approach the Court again. 6. Writ petition stands closed in the above terms. JUDGE Comparing Assistant
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