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Gauhati High Court

Rukia Khatun vs The State Of Assam And 6 Ors on 25 March, 2021

Author: Achintya Malla Bujor Barua

Bench: Achintya Malla Bujor Barua

                                                              Page No.# 1/3

GAHC010046002021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)



          WP(C)/1806/2021

         RUKIA KHATUN
         D/O ABDUS SATTAR
         R/O VILL. SATIAN
         P.O. TINSUKIA
         DIST. NAGAON
         ASSAM
         PIN 782124


          VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM
         EDUCATION DEPTT. (ELEMENTARY)
         DISPUR
         GUWAHATI 6

         2:THE DIRECTOR OF ELEMENTARY EDUCATION

         ASSAM
         KAHILIPARA
         GUWAHATI 19
         3:THE DEPUTY DIRECTOR OF ELEMENTARY EDUCATION

         ASSAM
         KAHILIPARA
         GUWAHATI 19
         4:THE DIST. ELEMENTARY EDUCATION OFFICER
         (DEEO)
         NAGAON
         ASSAM.
                                                                                         Page No.# 2/3

              5:THE DIST. SCRUTINY COMMITTEE

             NAGAON
             REPRESENTED BY ITS CHAIRMAN
             DIST. NAGAON
             ASSAM
             PIN 782001
             6:MD. ABDUL JALIL
             THE HEAD MASTER
             NAGABANDHA M.E. MADRASSA
             VILL. NAGABANDHA
             P.O. SINGARI MADRASSA
             DIST. NAGAON
             ASSAM
             PIN 782124
             7:ASHADUZ ZAMAN

             S/O ABDUL MANAN
             R/O VILL. FAKHULI
             P.O. SINGARI MADRASSA
             DIST. NAGAON
             ASSAM
             PIN 782124
             ------------
             Advocate for : MD. S ALOM
             Advocate for : SC
             ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS



                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                               ORDER

Date : 25/03/2021 Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for the respondents No. 1, 2, 3 and 4, Mr. S.R. Baruah, learned counsel for the respondent No.5.

Issue notice, returnable in 2 (two) weeks. Extra copies be furnished within three days. Steps on the respondent No. 6 and 7 by registered post with A/D within three days.

The petitioner alleges that two science teachers have been provincialised and therefore, it is contrary to Section 3(1)(xi) of Assam Education (Provincialisation of Services of Teachers and Re- Organization of Educational Institutions) Act, 2017.

Page No.# 3/3 In order to make out a case, the petitioner is also required to show as to what legal right of the petitioner had been violated.

The petitioner may file an appropriate Interlocutary Application, if so advised.

List after two weeks.

JUDGE Comparing Assistant