Fakar Uddin Ahmed and 2 Ors v. The State of Assam and 4 Ors

ORDER 23-10-2024 Heard Shri Z. Hammad, learned counsel for the petitioners. Also heard Shri P. Bora, learned Standing Counsel, Elementary Education Department, who has also filed the affidavit-in-opposition on 22.08.2024. Shri P. Nayak, learned Standing Counsel is present for the SSA.

¶2Considering the subject matter and as agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the admission stage.

¶3The petitioners, who are three in numbers are the Head Teacher and Assistant Teachers of the Bechamari Haji Fajar Ali ME Madrassa, Nagaon. It has been contended that the names of the petitioners were captured in the DISE Code for the year 2009-10 having Code No. 0101017. Following the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017 (for short Act of 2017) a move for provincialisation of the School along with the petitioners was made and accordingly the District Scrutiny Committee, Nagaon had forwarded the proposal for such provincialisation. The aspect of provincialisation was however put to a halt on a complaint lodged by one Hindi Teacher of the same School who had alleged that the land of the school was not sufficient.

¶4Shri Hammad, the learned counsel has submitted that the said complaint was apparently frivolous inasmuch as it was lodged by a disgruntled teacher of the same school whose name was not amongst those captured by the DISE Page No.# 4/4 Code. He had also drawn the attention of this Court to the Inspection Report dated 02.11.2022 furnished by the District Elementary Education Officer, Nagaon whereby the complaint has been held to be not genuine.

¶5Shri Bora, the learned Standing Counsel, by referring to the affidavit-in-opposition and also to further instructions received has submitted that apart from the complaint, there was no other legal impediment for the consideration of the case of the petitioners.

¶6On hearing, the learned counsel for the parties and on perusal of the materials on record, more particularly the Inspection Report dated 02.11.2022 of the District Elementary Education Officer, Nagaon it transpires that the impediment in the process of provincialisations was in the form of a complaint which has been stated to be not genuine.

¶7In view of the above, this Court directs that the cases of the petitioners for provincialisations as per the Act of 2017 be carried forward and the same be brought to a logical conclusion. Since the matter has been pending since long, the process be completed in an expeditious manner and preferably within a period of 6 (six) months from today.

¶8Writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010020482023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/724/2023o FAKARoUDDINoAHMEDoANDo2oORS.o HEADoMASTERo,o BECHAMARIoHAJIoFAJARoALIoM.EoMADRASSA,oAGEDoABOUTo44oYRS,o S/O-oLATEoABDULoHAKIM,o VILLoANDoP.O-oBECHAMARI,o P.S-oDHING,o DIST-oNAGAON,oASSAM,oPIN-782123 2:oABDULoMALEK oASSTT.oTEACHERo BECHAMARIoHAJIoFAJARoALIoM.EoMADRASSA oAGEDoABOUTo50oYRS oS/O-oFAJARoALIo oVILLoANDoP.O-oBECHAMARI oP.S-oDHING oDIST-oNAGAON oASSAM oPIN-782123 3:oREZAULoISLAM oASSTT.oTEACHERo oBECHAMARIoHAJIoFAJARoALIoM.EoMADRASSA oAGEDoABOUTo44oYRS oS/O-oLATEoEUSUFoALIo oVILL-oBILOTIAo P.OoANDoP.S-oDHING oDIST-oNAGAON oASSAM oPIN-78212o VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF Page No.# 2/4 ASSAM, ELEMENTARY EDUCATION DEPARTMENT DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-781019 3:THE MISSION DIRECTOR ASSAM SARBA SIKSHA ABHIYAN MISSION KAHILIPARA GUWAHATI-19 4:THE DEPUTY COMMISSIONER NAGAON P.O P.S AND DIST- NAGAON ASSAM PIN-782001 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON P.O P.S AND DIST- NAGAON ASSAM PIN-782001 6:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI- 6 7:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6 8:THE DIRECTOR OF SECONDARY EDUCATION ASSAM GUWAHAT Advocate for the Petitioner : MR. Z HAMMAD, Advocate for the Respondent : SC, ELEM. EDU, MR S M T CHISTIE,MS. D D BARMAN,SC, SSA,GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI