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2025 DAILYLAW 14916 (GAU)

SULTAN AHMED v. THE STATE OF ASSAM AND 5 ORS

WP(C)/3584/2025 · 2025-06-24

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010137472025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3584/2025 SULTAN AHMED S/O FAZAR ALI, VILL- KAZAIKATA PART-VI, P.O.- KAZAIKATA, P.S.- BILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GHY-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GHY-06 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM CUM- CHAIRMAN STATE SCRUTINY COMMITTEE ASSAM KAHILIPARA GUWAHATI-19 4:THE DISTRICT COMMISSIONER DHUBRI CUM- CHAIRMAN DISTRICT SCRUTINY COMMITTEE SECONDARY EDUCATION DHUBRI P.O. AND P.S.- DHUBRI DIST- DHUBRI ASSAM PIN-783301 5:THE INSPECTOR OF SCHOOLS DDC CUM- MEMBER SECRETARY OF DISTRICT SCRUTINY COMMITTEE Page No.# 2/3 DHUBRI P.O. AND P.S.- DHUBRI DIST- DHUBRI ASSAM PIN-783301 6:THE HEADMASTER DHALAPARA PUBLIC HIGH SCHOOL P.O.- GUTIPARA P.S.-BILASIPARA DIST- DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE,GA, ASSAM BEFORE HON’BLE MR. JUSTICE NELSON SAILO 25.06.2025 Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Ms. P. Das, learned Standing Counsel, Secondary Education Department for the respondent Nos.1 and 3; Ms. R.M. Baruah, learned Standing Counsel, Finance Department for the respondent No.2 and Mr. B. Deuri, learned Government Advocate, Assam, for the respondent No.4. (2) Having regard to the nature of the grievance projected by the petitioner, this writ petition is taken up for disposal at the motion stage itself. (3) The grievance of the petitioner is that the petitioner is working as a Junior Assistant in Dhalapara Public High School in the Dhubri district and that the services of the teaching as well as the non-teaching staff of the said schools have been provincialised to the exclusion of the petitioner solely on the ground that the name of the petitioner was mentioned as Satter Ahmed instead of Sultan Ahmed in the recommendation made by the District Scrutiny Committee. Page No.# 3/3 However, detecting the said mistake committed by the District Scrutiny Committee, the respondent No.5, i.e. the Inspector of Schools, DDC, Dhubri vide letter dated 15.03.2022 forwarded the correct name of the petitioner to the respondent No.3, i.e. the Director of Secondary Education, Assam for provincialisation of the service of the petitioner. The petitioner also submitted two representations, the first one was submitted before the respondent No.3 on 28.09.2022 and the other was submitted before the Inspector of Schools, DDC, Dhubri on 10.06.2024. However, despite the same, since no action has been taken, the petitioner is before this Court. (4) Having regard to the correction made by the District Scrutiny Committee on the name of the petitioner while recommending for provincialisation of his service, this writ petition is disposed of by directing the respondents, more particularly, the respondent No.3 to consider the case of the petitioner for provincialisation of his service in terms of the recommendation made by the District Scrutiny Committee as expeditiously as possible preferably within a period of 2 (two) months from the date of receipt of certified copy of this order. The writ petition stands disposed of. JUDGE Comparing Assistant