Gauhati High Court
Amikar Islam vs The State Of Assam And 5 Ors on 28 March, 2024
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GAHC010065522024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1779/2024
AMIKAR ISLAM
S/O- LATE NOMEZ MANDAL,
R/O- VILLAGE CHAR KUKURMARA,
P.O.- RADHAMADHAB HAT, P.S.- MANKACHAR,
DISTRICT SOUTH SALMARA MANKACHAR,
ASSAM, PIN CODE- 783131.
VERSUS
1. THE STATE OF ASSAM AND 5 ORS
THROUGH- THE SECRETARY,
TO THE GOVERNMENT OF ASSAM,
SCHOOL EDUCATION DEPARTMENT,
DISPUR, GUWAHATI- 781006.
2:THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM
KAHILIPARA DISPUR GUWAHATI- 781019.
3:THE DEPUTY COMMISSIONER
SOUTH SALMARA MANKACHAR, HATSINGIMARI
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM PIN CODE 783135.
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
SOUTH SALMARA MANKACHAR HATSINGIMARI
DISTRICT- SOUTH SALMARA MANKACHAR,
ASSAM PIN CODE 783135.
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
MANKACHAR EDUCATION BLOCK, HATSINGIMARI
DISTRICT- SOUTH SALMARA MANKACHAR
ASSAM PIN CODE 783135.
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6:RAMCHANDRA SAHA
S/O- MANTU CHANDRA SAHA
R/O- VILLAGE HATSINGIMARI
MAHAMASA NAGAR P.O.- FULERCHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM PIN CODE- 783135
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : SC, ELEM. EDU
-B E F O R E -
HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 28.03.2024 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned Standing Counsel, Department of School Education and Mr. B. Deuri, learned Government Advocate, Assam.
Issue notice, returnable in 4(four) weeks.
Mr. R. Mazumdar, learned Standing Counsel, Department of School Education accepts notice on behalf of respondent Nos.1, 2, 4 and 5 and Mr. B. Deuri, learned Government Advocate, Assam accepts notice on behalf of respondent No.3.
Petitioner shall take steps for service of notice upon the respondent No.6 by registered post with A/D. The services of the petitioner, who projects himself to be the founder teacher of Kukurmara Girls' M.E. School in South Salmara Mankachar, Assam was provincialised under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 with effect from 01.01.2023. The petitioner was, vide an order dated 07.02.2023, issued by the jurisdictional District Elementary Education Officer allowed to act as the In-Charge Headmaster of the school in addition to his normal duties w.e.f. 31.01.2023. The Page No.# 3/3 petitioner accordingly contends that he is continuing in his services as the In- Charge Headmaster of the said school.
Vide an order dated 14.03.2024, the jurisdictional District Elementary Education Officer has transferred and posted the respondent No.6 to the school of the petitioner. On such posting, he was allowed to function as the In-charge Headmaster of the school wherein the petitioner is presently functioning. The transfer and posting of the respondent No.6 vide order dated 14.03.2024, as reflected in the order, was issued to maintain the Pupil Teacher Ratio (PTR) and also to improve the quality of education.
It is the submission of the learned counsel for the petitioner that the said order has the affect of replacing one ad hoc appointee by another ad hoc appointee.
Mr. R. Mazumdar, learned Standing Counsel, Department of School Education, on the next fixed, shall obtain instructions as regards the service particulars of the respondent No.6. He shall also apprise this Court as to the manner in which the respondent No.6 was so selected for the transfer and posting to the school wherein the petitioner was so posted.
Till the next returnable date, in the event the respondent No.6 has not taken over the charge of the post of Headmaster of Kukurmara Girls' M.E. School and is not functioning in such capacity, the impugned order dated 14.03.2024 shall not be given effect to.
List this matter after 4(four) weeks.
JUDGE Comparing Assistant