Rahila Begum vs State Of Assam And 5 Ors

Heard Mr. S K Goswami, learned counsel for the petitioner. Also heard Mr. P K Borah, learned counsel for the respondents no. 1 and 2 being the

authorities under the Elementary Education Department, Government of Assam and Mr. S. Borah, learned counsel for respondents no. 3, 4, 5 and 6

being the authorities in the Education Department of BTC.

The petitioner was appointed as an Assistant Teacher in Anjuman Falahul Muslim L P School in the year 2008 and since then she is discharging her

duties continuously. When the authorities had given a consideration for provincialising the service of the teachers of the aforesaid school, as per the

notification dated 04.02.2021, the service of the Headmaster namely, Md. Tajuddin was provincialised. It is stated that only one teacher was

provincialised in respect of Anjuman Falahul Muslim L P School. The petitioner claims that under Section 3(x) of the Assam Education

(Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (in short Act of 2017) two teachers are entitled

to be provincialised.

Accordingly the petitioner had submitted a representation dated 02.03.2021 before the Director of Education, BTC claiming that she has a legal

right to be provincialised under the provisions of Section 3(x) of the Act of 2017.

This writ petition is instituted on the grievance that the said representation of the petitioner dated 02.03.2021 had not given its consideration.

In view of the limited grievance raised, we dispose of this writ petition directing the respondent no. 4 being the Director of Education, BTC to give a

consideration to the representation dated 02.03.2021 of the petitioner and pass a reasoned order thereon. By requiring the Director to pass a reasoned

order, we make it clear that the Director to take his own independent decision on the claim of the petitioner and would be at liberty to either allow the

provincialisation if entitled under the law or to refuse it on any reasonable grounds, if available.

It is stated that the petitioner may also submit a copy of the writ petition before the Director for facilitating the passing of necessary order.

Under both circumstances, the petitioner be informed about the order passed. The same be done within a period of two months from the date of

receipt of certified copy of this order.

Writ petition stands disposed of in the above terms.