Md. Eusob Ali Ahmed vs State Of Assam And 4 Ors

Heard Mr. M Dutta, learned counsel for the petitioner. Also heard Mr. NJ Khataniar, learned counsel for the respondents No.1, 2, and 3 being the

authorities under the Elementary Education Department of the Government of Assam and Mr. G Pegu, learned Government Advocate for the

respondent No.4 being represented by the Deputy Commissioner, Bongaigaon.

The petitioner having the qualification of graduation in science along with D.EI.Ed was appointed as a teacher in the New Piradhara ME Madrassa

in the year 2007. When the process for provincialising the services of the teachers in New Piradhara ME Madrassa was initiated, the claim of the

petitioner was considered by the District Level Scrutiny Committee (for short, DLSC). As per the recommendation of the DLSC Bongaigaon, the

petitioner was found to be the science and mathematics teacher of the school. The process resulted in provincialising the services of Eusuf Ali as the

language teacher and Mofida Khatun as the social studies teacher and the post of science and mathematics teacher in the school concerned remained

vacant as no one was provincialised. As there is a recommendation made in favour of the petitioner by the DLSC Bongaigaon for provincialising his

services as the science and mathematics teacher and as the said post is still vacant, we are of the view that interest of justice would be met, if a

direction to the respondent authorities to bring the process of provincialising the services of science and mathematics teacher of New Piradhara ME

Madrassa to its logical end.

Accordingly, the Director of Elementary Education shall take into consideration the recommendation of the DLSC Bongaigaon in favour of the

petitioner which is annexed as Annexure-8 to the writ petition and pass a reasoned order on the provincialisation of the science and mathematics

teacher of the New Piradhara ME Madrassa.

In doing so, the Director may either provincialise the services of the petitioner, if he is otherwise found eligible under the law or the Director may

pass any other order by giving a reasoned order.

The above requirement be done within a period of 2 (two) months from the date of receipt of a certified copy of this order.

Writ petition stands disposed of in the above terms.