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2025 DAILYLAW 5605 (GAU)

NILMONI RABHA v. THE STATE OF ASSAM AND 3 ORS

WP(C)/118/2025 · 2025-01-09

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010005402025 2025:GAU-AS:369 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/118/2025 NILMONI RABHA S/O- LATE GOBINDA CH. RABHA, R/O- VILLAGE- JIRA, P.O.- JIRA, DISTRICT- GOALPARA, ASSAM, (WORKING AS GRADE-IV EMPLOYEE IN THE SCHOOL OF JIRA TIRANG HIGH SCHOOL) VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED 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 GOALPARA DISTRICT CIRCLE GOALPARA ASSAM 4:THE HEAD MASTER JIRA TIRANG HIGH SCHOOL DIST.- GOALPARA ASSAM PIN- 78312 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 :10.01.2025 Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned Standing Counsel, Secondary Education Department, Assam for the respondent Nos. 1, 2 and 3. 2. The petitioner was initially appointed as a Grade-IV employee in Jira Tirang H. E. School, by a communication dated 30.12.1993, by the Headmaster and Secretary of the said school on the basis of a resolution passed by the Managing Committee of the said school. The Inspector of Schools, GDC, Goalpara by an order dated 31.05.1995, provisionally approved the appointment of the petitioner along with 9(nine) others with effect from the date of their joining. In the meantime, by an order dated 22.09.2014, issued by the Director of Secondary Education, Assam, the said Jira Tirang High School, Goalpara was provincialised. However, the case of the petitioner was left out from provincialisation. The said Jira Tirang M. V. School was amalgamated with the Jira Tirang High School by an order dated 31st of March, 2017, issued by the Commissioner and Secretary to the Govt. of Assam, Secondary Education Department. 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 Goalpara, requested to take necessary action towards submission of particulars/applications/minutes of the meeting of the District Scrutiny Page No.# 3/4 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 NonTeaching Staff of Venture Educational 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. Mr. U. Sharma, 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, Goalpara to place the case of the petitioner before the District Scrutiny Committee, Goalpara after verifying all documents for consideration by the concerned District Scrutiny Committee. Page No.# 4/4 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. 8. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant