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2025 DAILYLAW 6093 (GAU)

ABDUL REZZAK v. THE STATE OF ASSAM AND 5 ORS

WP(C)/357/2025 · 2025-01-28

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010011572025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/357/2025 ABDUL REZZAK S/O- ABDUL MANNAN, VILLAGE- GUNAIPANI, P.O.- CHIRAKUTI BAZAR, P.S. FAKIRGANJ, DIST.- DHUBRI, ASSAM, PIN- 783330 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL (ELEMENTARY) EDUCATION, DISPUR, GUWAHATI-6 2:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER OF DHUBRI DISTRICT ASSAM PIN- 783301 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 Page No.# 2/3 6:THE BLOCK ELEMENTARY EDUCATION OFFICER SOUTH SALMARA DIST.- DHUBRI ASSAM PIN- 78312 Advocate for the Petitioner : MR. M ALI, MD. ANARUL ISLAM,MR J. ISLAM Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 29.01.2025 1. Heard Mr. M.Ali, learned counsel for the petitioner, who submits that in terms of the order dated 05.01.2023 passed in WP(C) No. 4652/2021 (Abdul Rezzak vs- State of Assam and 7 Ors (Page-37), the Secretary to the Government of Assam, Department of School (Elementary) Education, who was the appellate authority under the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational and Institutions) Act, 2017, was to decide the appeal filed by the petitioner, challenging the provincialisation of one Md. Chand Miah, Son of Late Iman Ali, vill-Tarangajhar, P.O. Jamadarhat, P.S. Fakirganj, District- Dhubri and Robial Hoque, Son of Lt. Nishan Ali, Vill- Gunaipani, P.O. Chirakuti Bazar, P.S. Fakirganj, District- Dhubri. 2. The petitioner’s counsel submits that the appellate authority had issued a notice dated 20.06.2024 in the name of the Deputy Secretary to the Government of Assam, Department of School Education, for having a hearing to be held on the petitioner’s appeal on 28.06.2024, pursuant to the order dated 05.01.2023 passed in WP(C) No. 4652/2021. The parties appeared before the concerned appellate authority and made their submissions before the authority on 28.06.2024. However, the appellate authority has not taken a decision on the petitioner’s appeal till today. The petitioner’s counsel prays for a direction to be issued to the respondent No. 1, to take a decision on the petitioner’s appeal within a specified time. 3. Ms. S.Chutia, learned counsel for the respondent Nos. 1, 3, 5 and 6 Page No.# 3/3 submits that she has got no objection to the prayer made by the petitioner’s counsel. 4. I have learned the learned counsels for the parties. 5. In view of the consent of the parties, respondent No.1 is directed to take a decision on the petitioner’s appeal, within a period of one month from the date of receipt of a certified copy of this order, if not decided earlier. However, in the event the appeal has already been decided, a copy of the decision should be provided to the petitioner. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant