Gauhati High Court
Tapan Kumar Sharma vs The State Of Assam And 7 Ors on 20 November, 2024
Page No.# 1/5
GAHC010241072024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6004/2024
TAPAN KUMAR SHARMA
S/O- LATE DINENDRA NATH SARMA,
R/O- GERIMARI, NEAR LAW COLLEGE, MANGALDAI, PIN-784125, DIST-
DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, DEPARTMENT OF SCHOOL (ELEMENTARY) EDUCATION,
DISPUR, GUWAHATI-6
2:THE SECRETARY
TO THE GOVT. OF ASSAM
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR
GUWAHATI-6
3:THE DIRECTOR
SCERT
ASSAM
KAHILIPARA
GUWAHATI-19.
4:THE ACCOUNTANT GENERAL (A AND E)
TRINAYAN PATH
KRISHNAPUR
MAIDAMGAON
BELTOLA
GUWAHATI 781029
Page No.# 2/5
KAMRUP (M)
ASSAM
5:DR. LAWANU BORDOLOI
SHIKSHAN MAHABIDYALAYA
COLLEGE OF TEACHER EDUCATION
NAGAON
DIMORUGURI
P.O- ITACHALI
DIST- NAGAON
ASSAM
PIN-782003
6:DR. GOPAL KRISHNA BHARATI
GOVERNMENT COLLEGE OF TEACHER EDUCATION
KOKRAJHAR
DIMORUGURI
COLLEGE ROAD
BAGANCHALI
TENGAPARA
DIST- KOKRAJHAR
ASSAM
PIN-783370
7:HEMANTA KUMAR TAMULY
COLLEGE OF TEACHER EDUCATION
MANGALDAI
MAGISTRATE COLONY WARD NO-2
DIST- DARRANG
ASSAM
PIN-784125
8:DR. GAYOTRI CHANGKAKOTI
GOVERNMENT BANIKANTA
COLLEGE OF TEACHER EDUCATION
IASE GUWAHATI LACHIT NAGAR
DIST- KAMRUP METRO
GUWAHATI-07
ASSAM
Page No.# 3/5
PIN-78100
Advocate for the Petitioner : MR. P SENGUPTA, MS P SAIKIA,MR P CHOUDHURY,MR S
DUTTA
Advocate for the Respondent : SC, ELEM. EDU, SC, AG (A AND E),SC, SCERT, ASSAM
BEFORE
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
O R D E R
20.11.2024 Heard Mr. S. Dutta, learned senior counsel assisted by Mr. P. Choudhury, learned counsel for the petitioner.
2. While the petitioner was serving as a Senior Lecturer, District Institute of Education and Training (in short DIET), Cachar, he was transferred and posted as Professor of College of Teacher Education (in short CTE), Mangaldoi by notification dated 29.08.2017, issued by the Commissioner and Secretary to the Government of Assam, Elementary Education Department. Since then, the petitioner has been serving in the said College of Teacher Education as Professor and also substantively drawing salary from the College of Teacher Education.
3. The Director, SCERT, Assam by a communication dated 28.05.2021, addressed to the Secretary to the Government of Assam, Elementary Education Department, submitted the draft Gradation list of Professors of Government B.Ed Colleges, IASE's and CTE's under the Directorate of SCERT, Assam. In the said draft Gradation list, the name of the petitioner appears at Serial No.5 and he is shown serving in the CTE, Mangaldoi.
Page No.# 4/5 Thereafter, the Secretary to the Government of Assam, Department of School Education, by a Notification dated 24.09.2024, published the provisional draft Gradation list of Professors of Government B.Ed Colleges, IASE's and CTE's under the Directorate of SCERT, Assam. In the said provisional draft Gradation list, the name of the petitioner did not appear and accordingly, he made a representation before the Director, SCERT, Assam on 28.09.2024 for inclusion of his name in the said provisional draft Gradation list.
4. While the petitioner was waiting for a positive response, the Secretary to the Government of Assam, Department of School Education, by Notification dated 04.10.2024, notified the final Gradation list of Professors of Government B.Ed Colleges, IASE's and CTE's under the Directorate of SCERT, Assam. In the said final Gradation list, despite making his representation, the name of the petitioner did not appear. Being aggrieved, the petitioner is before this Court by way of the present writ petition.
5. Issue notice.
6. Mr. G. Pegu, learned Standing Counsel, Elementary Education Department, Assam appears for the respondent Nos. 1 & 2, Mr. S. Bora, learned Standing Counsel, SCERT, Assam appears for the respondent No.3 and Mr. B. Chakraborty, learned Standing Counsel, Accountant General (A&E), Assam appears for the respondent No.4.
7. Extra copies of the writ petition be furnished to the learned counsel for the respondents within three days from today.
8. Petitioner to take steps for service of notice on the respondent Nos. 5 Page No.# 5/5 to 8 by registered post with A/D cards within one week from today.
9. List the matter after four weeks.
10. In the interim, the Notification dated 04.10.2024, by which the final Gradation list of Professors of Government B.Ed Colleges IASE's and CTE's under the Directorate of SCERT, Assam is notified, shall remain suspended till the next returnable date.
JUDGE Comparing Assistant