Sahidur Islam vs State Of Assam And 7 Ors

Sl.,"Name of School & name

of Teaching and non-

Teaching staff",Designation,Qualification,"M C resolution

no. & date","D t . of

appointment",Dt. of joining

1.,"A b d u l Rashid Sk.

(respondent no. 7)",Head Master,B.A.,2/ 25-11-97,26-11-97,27-11-97

2.,"A b u a l Hussain Sk.

(respondent no. 8)",Asst. Teacher,B.A.,2/ 21-12-98,23-12-98,26-12-98

3.,Sahidur Islam (petitioner),Asst. Teacher,HSSLC (Sci),1/ 21-03-08,21-03-08,24-03-08

…,…,…,…,…,…,…

11) Therefore, in view of the herein before referred (i) appointment orders of the petitioner and that of the respondent nos. 7 and 8; (ii) order of",,,,,,

approval dated 28.04.2008 issued by the DEEO, Dhubri; (iii) DISE data for academic year 2009-10; DISE data for academic year 2020-21, the Court",,,,,,

is of the considered opinion that the issue relating to the claim of provincialisation of the service of (a) Sahidur Islam (petitioner), (ii) Abdur Rashid Sk",,,,,,

(respondent no. 7), and (iii) Abual Hussain Sk (respondent no.8) be remanded to the Director of Elementary Education, Assam (respondent no.2) for a",,,,,,

fresh examination and determination by considering all the relevant materials including the documents herein before mentioned. It is also desirable that,,,,,,

while deciding the matter, the respondent no. 2 would also examine the qualification of the petitioner and the respondent nos. 7 and 8 as well as the",,,,,,

records of the District Scrutiny Committee, Dhubri (DSC) to find out on what basis their recommendation had been made. Subject to Covid-19",,,,,,

protocol in force from time to time, an endeavour shall be made by the respondent no.2 to examine, determine and dispose of the claim of the",,,,,,

petitioner for provincialisation of his service in vis-Ã -vis the respondent nos. 7 and 8 within a period of 2 (two) months from the date of service with a,,,,,,

certified copy of this order before the office of the respondent no.2.,,,,,,

12) The Director of Elementary Education, Assam (respondent no.2) shall also be at liberty to consider the enrollment of students in West Gaspara",,,,,,

Girls’ M.E. Madrassa, Dist. Dhubri and to take a call if services of more number of Teaching staff can be provincialised in accordance with the",,,,,,

provisions of Section 3(1)(xi) of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of the Educational Institutions),,,,,,

Act, 2017 read with Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009.",,,,,,

13) Liberty is granted to the petitioner and the respondent nos. 7 and 8 to forward to the respondent no.2 any document(s) they intend to rely upon.,,,,,,

The same shall be done within a period of 10 (ten) days. The petitioner and the respondent nos. 7 and 8 are not granted liberty to submit any write-up,",,,,,,

summary or any argumentative petitions, which if still filed, may be discarded. As the matter would be decided on the basis of documents, no",,,,,,

opportunity of personal hearing is required. If any of the parties are still aggrieved, the aggrieved party shall be at liberty to file statutory appeal as",,,,,,

provided for.,,,,,,

14) Considering the factual matrix that although the petitioner was appointed as HSSLC (Science) passed Assistant Teacher, but the DSC found the",,,,,,

petitioner to be teaching “Social Studies†subject and that the respondent nos. 7 and 8 were both found by the DSC to be teaching ‘Languageâ€,,,,,,

subject. Therefore, the interim order dated 01.03.2021 passed in this writ petition would stand extended till the fresh determination is made by the",,,,,,

respondent no.2. However, it is clarified that while determining the matter, the respondent no.2 shall not be influenced by this order, thereby extending",,,,,,

the interim order as aforesaid.,,,,,,

15) The writ petition stands allowed to the extent as indicated above. The parties are left to bear their own cost.,,,,,,