Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010090972025
2025:GAU-AS:5829
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2290/2025 BABUL ALI S/O- LATE MESER ALI, R/O- VILL- SINDURAI PT II, PO- BELGURI, PIN- 783355, DIST- DHUBRI, ASSAM (WORKING AS GRADE-IV EMPLOYEE IN THE SCHOOL OF PHUTANIGANJ HIGH SCHOOL). VERSUS THE STATE OF ASSAM AND 3 ORS.
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI- 6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI ASSAM 4:THE HEADMASTER PHUTANIGANJ HIGH SCHOOL DIST. DHUBRI ASSAM PIN-78335 Advocate for the Petitioner : MRS. K DEVI, MS S A KHALIFA Advocate for the Respondent : SC, SEC. EDU.,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER Date : 13.05.2025
Heard Mrs. K. Devi, learned counsel for the petitioner. Also heard Ms. N. M. Sarma, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1, 2 & 3. 2. The petitioner was initially appointment as an Office Peon of Phutaniganj High Madrassa by a Communication dated 01.01.1998 issued by the Superintendent and Secretary of Phutaniganj High Madrassa on the basis of resolution dated 30.12.1997 of the concerned Managing Committee. The Inspector of Schools, Dhubri District Circle, Dhubri, by an Order dated 07.10.2006 provisionally approved the appointment of the petitioner along with 9 others. In the meantime, the Director of Secondary Education Department, Assam by an Order dated 30.08.2013 provincialised the service of 10 (ten) teaching and non teaching staffs of the said Phutaniganj High Madrassa, District Dhubri w.e.f. 01.01.2013. However, the case of the petitioner was left out from being provincialised. 3. The Director of Secondary Education, Assam, by a communication dated 28.05.2019, addressed to the Inspector of Schools of all the districts, including the district of Dhubri, requested to take necessary action towards submission of particulars/applications/minutes of the meeting of the District Scrutiny Committee of working non-teaching staffs of all categories of Venture Educational Institutions (Secondary) as per the provisions of Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational
Page No.# 3/4 Institutions) Act, 2018 (in short Act of 2018). The Inspectors of Schools were also requested to submit the particulars, minutes of the meeting of the District Scrutiny Committee of the dropped non-teaching staffs of the educational institutions of Secondary Education, who were provincialised during the year 2013-2014. 4. It is the case of the petitioner that despite the communication dated 28.05.2019, issued by the Director of Secondary Education, Assam, his case has not been placed before the concerned District Scrutiny Committee till date and therefore, prays for a direction for placing his case before the concerned District Scrutiny Committee for consideration. 5. Ms.
N. M. Sarma, learned Standing Counsel, Secondary Education Department, Assam submits that as the Director of Secondary Education, Assam has already sent a communication on 28.05.2019 for placing the cases of the dropped non-teaching staffs of the educational institutions of Secondary Education for placing the same before the concerned District Scrutiny Committee, this writ petition may be disposed of by directing the concerned authorities to place the case of the petitioner before the concerned District Scrutiny Committee. 6. After hearing the learned counsel for the parties and taking into
consideration the materials available on record, this writ petition is disposed of directing the Inspector of Schools, Dhubri to place the case of the petitioner before the District Scrutiny Committee, Dhubri after verifying all documents for
consideration by the concerned District Scrutiny Committee.
7. Let such steps be taken and completed within a period of two months from the date of receipt of a copy of this order.
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8. With the above observations and directions, this writ petition stands
disposed of.
JUDGE Comparing Assistant