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2025 DAILYLAW 11634 (GAU)

MOHAR ALI v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/2289/2025 · 2025-05-12

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010090992025 2025:GAU-AS:5828 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2289/2025 MOHAR ALI S/O- LATE SABAN ALI, R/O- VILL- BORGUL, PO- MAHTOLI, DIST- KAMRUP (R), ASSAM, PIN- 781136 (WORKING AS GRADE-IV EMPLOYEE IN THE SCHOOL OF KANCHU DEWANI MEMORIAL HIGH SCHOOL). VERSUS THE STATE OF ASSAM AND 3 ORS. REP BY THE COMMISSIONER AND SECRETRY 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 KAMRUP DISTRICT CIRCLE KAMRUP (R) ASSAM 4:THE HEAD MASTER KANCHU DEWANI MEMORIAL HIGH SCHOOL DIST. KAMRUP (R) ASSAM PIN-78113 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 appointed as a Grade- IV employee of Kanchu Dewani Memorial High School by a Communication dated 18.05.1993 issued by the Secretary, K.D.M. H/M of Kanchu Dewani Memorial High School on the basis of a resolution passed by the Managing Committee of the said school. The Inspector of Schools, KDC, by a Communication dated 13.12.2007 provisionally approved the appointment of the petitioner along with 12 other teaching and non-teaching staffs of the Kanchu Dewani Memorial High School. Thereafter, by an Order dated 26.07.2013 issued by the Director of Secondary Education, Assam, the service of 10 (ten) teaching and non-teaching staffs of the said Kanchu Dewani Memorial High School were provincialised 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 Kamrup (R), 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, Kamrup (R) to place the case of the petitioner before the District Scrutiny Committee, Kamrup (R) 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. Page No.# 4/4 8. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant