RINA PARBIN AND ANR v. THE STATE OF ASSAM AND 10 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. RINA PARBIN AND ANR v. THE STATE OF ASSAM AND 10 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC010188742020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5643/2020 RINA PARBIN AND ANR D/O- MIR GUL MAZAHAR, W/O- JAMIRUL ISLAM, VILL- GUABARI, P. O. FAKIRAGRAM, P. S. FAKIRAMRAM, DIST. - KOKRAJHAR, BTAD, ASSAM, PIN- 783345 2: RUSHDI MUSHAHIDA D/O- LT. MOMTAZ UDDIN AHMED W/O- ROFIQUL ISLAM VILL- GUABARI P. O. FAKIRAGRAM P. S. FAKIRAGRAM DIST. - KOKRAJHAR BTAD ASSAM PIN- 78334 VERSUS THE STATE OF ASSAM AND 10 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-06 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GHY-06 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE CHAIRMAN STATE LEVEL SCRUTINY COMMITTEE REP. BY THE COMM. AND SECY. TO GOVT. OF ASSAM Page No. # 2/4 EDUCATION (ELEMENTARY) DEPTT. DISPUR GHY-06 5:THE MEMBER SECRETARY STATE LEVEL SCRUTINY COMMITTEE ASSAM DISPUR GHY-06 6:THE CHAIRMEN DISTRICT LEVEL SCRUTINY COMMITTEE REP. BY THE DY.
COMMISSIONER KOKRAJHAR BTAD ASSAM PIN- 783337 7:THE MEMBER SECRETARY DISTRICT LEVEL SCRUTINY COMMITTEE REP. BY THE DISTRICT ELEMENTARY EDUCATION OFFICER KOKRAJHAR BTAD ASSAM PIN- 783337 8:THE PRINCIPAL SECRETARY BTAD KOKRAJHAR BTAD ASSAM PIN- 783337 9:THE SECRETARY OF BTC EDUCATION DEPTT. KOKRAJHAR BTAD ASSAM PIN- 783337 10:THE DIRECTOR ELEMENTARY BTAD KOKRAJHAR BTAD ASSAM PIN- 783337 11:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM Page No. # 3/4 FINANCE DEPTT. DISPUR GHY-0 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA ORDER Date : 21-12-2020 Heard Mr. I. H. Khan, learned senior counsel for the petitioners. Also heard Ms. N. Phukan, learned counsel for the Elementary Education Department, Mr. S. R. Barua, learned counsel for the respondents No. 1, & 5 as well as Mr. B. Choudhury, learned counsel appearing for the respondents No. 6, 7, 8, 9 and 10 and Mr. A.
Chaliha, learned counsel for the respondent Finance Department. 2. The petitioners who were working in Goabari VLP School in the district of Kokrajhar is aggrieved to the extent that although the district level scrutiny committee had made a recommendation in their favour for provincialisation of their 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 Elementary Education, it was not acted upon on the ground that earlier in the year 2013, the claim of the petitioners for provincialisation under the Assam Venture Education Institutions (Provincialisatlion of Services) Act, 2011 (in short Act of 2011) was refused. 3. Being aggrieved, the petitioners have filed an appeal under Section 14 of the Act of 2017 before the Commissioner & Secretary to the Govt.
of Assam in the Elementary Education Department which is dated 09. 12. 2020. 4. The apprehension of the petitioners is that as the process of provincialisaltion is in the final stage, their cases would again left out if the appeal is not given a consideration within a specific time. 5. As regards the other aspect not to provincialise the service of the petitioners 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 Page No. # 4/4 ground not to provincialise under the Act of 2017. 6. A plain reading of the Act of 2017 does not indicate any such provision which debars a person who was earlier not provincialise under the Act of 2011. 7. In any view of the matter, the Commissioner & Secretary to give a final consideration to the appeal dated 09. 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 petitioners, the petitioners be not deprived of any benefit of provincialisation merely because the process may have been complete in the meantime. Writ petition stands disposed of. JUDGE Comparing Assistant
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