Abu Bakkar Khandakar v. The State of Assam and 3 Ors

PageoNo.#o1/4 GAHC010241872024 ooooooo 2024:GAU-AS:11305 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6030/2024o ABUoBAKKARoKHANDAKARo S/OoLATEoJULoHOQUEoKHANDAKARo R/OoVILL-oDHUTURMARIo P.O.oSRINAGARo DIST.oDHUBRI,oASSAMo PIN-783332o (WORKINGoASoGRADE-IVoINoTHEoSCHOOLoOFoHALIDHURAoHIGHo SCHOOL). VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o,oEDUCATIONo(SECONDARY)oDEPARTMENT,oDISPUR,o GUWAHATI-6. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoINSPECTORoOFoSCHOOLS oDHUBRIoDISTRICToCIRCLE o DHUBRI oASSAM 4:THEoHEADoMASTER oHATIDHURAoHIGHoSCHOOL Page No.# 2/4

P.O. SRINAGAR

DIST. DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MRS. K DEVI, MS S A KHALIFA Advocate for the Respondent : SC, SEC. EDU.,

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R

20.11.2024 Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department, Assam for the respondent Nos. 1, 2 and 3.

¶2The petitioner was initially appointed as Peon (Night Guard) by a communication dated 01.05.1999, issued by the Secretary, Hatidhura High Madrassa, Dhubri on the basis of a resolution passed by the Managing Committee of the said Madrassa. The petitioner accordingly joined to the said post on 03.05.1999. The Inspector of Schools, Kokrajhar District Circle, by an order dated 27.10.2005, provisionally approved the appointment of the petitioner along with 03(three) others with effect from the date of their joining. In the meantime, by an order dated 22.09.2014, issued by the Director of Secondary Education Department, Assam, the said Hatidhura High Madrassa was provincialised. However, the case of the petitioner was left out from the said provincialisation. In the meantime, the Madrassa in which the petitioner is serving, namely, Hatidhura High Page No.# 3/4 Madrassa was amalgamated with Dhuluamari M.E. Madrassa.

¶3The Director of Secondary Education, Assam, by a communication dated 28.05.2019, addressed to the Inspector of Schools of all the districts, including the district of Dhubri, requested to take necessary action towards submission of particulars/applications/minutes of the meeting of the District Scrutiny Committee of working non-teaching staffs of all categories of Venture Educational Institutions (Secondary) as per the provisions of Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018 (in short Act of 2018). The Inspectors of Schools were also requested to submit the particulars, minutes of the meeting of the District Scrutiny Committee of the dropped non-teaching staffs of the educational institutions of Secondary Education, who were provincialised during the year 2013-2014.

¶4It is the case of the petitioner that despite the communication dated

28.05.2019, issued by the Director of Secondary Education, Assam, his case has not been placed before the concerned District Scrutiny Committee till date and therefore, prays for a direction for placing his case before the concerned District Scrutiny Committee for consideration.

¶5Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department, Assam submits that as the Director of Secondary Education, Assam has already sent a communication on 28.05.2019 for placing the cases of the dropped non-teaching staffs of the educational institutions of Secondary Education for placing the same before the concerned District Scrutiny Committee, this writ petition may be disposed of by directing the concerned authorities to place the case of the petitioner before the concerned District Scrutiny Committee. Page No.# 4/4

¶6After hearing the learned counsel for the parties and taking into consideration the materials available on record, this writ petition is disposed of directing the Inspector of Schools, Dhubri to place the case of the petitioner before the District Scrutiny Committee, Dhubri after verifying all documents for consideration by the concerned District Scrutiny Committee.

¶7Let such steps be taken and completed within a period of two months from the date of receipt of a copy of this order.

¶8With the above observations and directions, this writ petition stands disposed of.

JUDGE Comparing Assistant