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Judgment
Heard Mr. A M Ahmed, learned counsel for the petitioner. Also heard Mr. N J Khataniar, learned counsel for the respondents no. 1, 2, 3 and 4
being the authorities under the Elementary Education Department, Government of Assam and Mr. G Pegu, learned counsel for the respondent no. 5
and 6 being the Deputy Commissioner, Barpeta.
Notice had already been issued by the order dated 07.06.2021 and therefore, no further notice is required. However, the petitioner to implead Md.
Moinul Hoque as the respondent no. 9.
Registry to incorporate necessary correction in the cause title on the information being provided by the learned counsel for the petitioner.
Issue notice on the newly impleaded respondent no. 9 by registered post within three days.
The petitioner was appointed as a teacher in Bhera Gaon ME Maddrassa on 08.09.2004 and since then he has been serving as social studies
teacher.
The respondent no. 8 Dipannita Das was appointed on 05.02.2005 and she is serving as an assamese teacher which in other word is a language
teacher. The respondent no. 9 was appointed on 18.01.1993 and he has been discharging his duties also as an assamese teacher which again is a
language teacher.
When the matter was taken up for provincialisation, the services of Manik Ali, Saidur Malik, Maniul Hoque being the respondent no. 9 and
Dipannita Das being the respondent no. 8 were provincialised.
Manik Ali was appointed on 02.01.1993 and he is serving as an english teacher i.e. a language teacher and Saidur Malik is serving as a
science/maths teacher. Under Section 3(xi) of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational
Institutions) Act, 2017, one teacher of language, science/mathematics and social studies are to be provincialised.
From that point of view, we do not find any infirmity in provincialisation of Manik Ali and Saidur Malik as language and science/mathematics
teachers respectively. But prima facie we find infirmity in the provincialisation of the respondent no. 8, Dipannita Das and respondent no. 9 Mainul
Hoque as a language teacher.
In view of the prima facie case being made out and considering the balance of convenience and irreparable loss that the petitioner may suffer,
further effect of provincialisation of respondent no. 8 Dipannita Das and respondent no. 9 Mainul Haque shall remain stayed until further orders.
We have taken note that in the order dated 07.06.2021 where notice was issued there was an observation that the matter would be taken up for
consideration of the interim orders on the subsequent date.
List after six weeks.