Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/134/2021 MAINUL HOQUE S/O LATE SABER ALI SK., VILL. SAGALCHARA PT-II, P.O. SAGALCHARA, DIST. DHUBRI, ASSAM. VERSUS PREETOM SAIKIA, IAS AND ANR COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI 781006 2:PHANINDRA JIDUNG AES THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 3:NARAYAN KONWAR IAS SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION(SECONDARY) DISPUR
GUWAHATI-781006 4:PHANINDRA JIDUNG AES THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-78101
Page No.# 2/4 Advocate for the Petitioner : MR. D A KAIYUM, MR. S H RAHMAN,MR J ISLAM Advocate for the Respondent : MR. D SAIKIA (R1), MR. M R LASKAR (R1),MR S M T CHISTIE (R1)
BEFORE HONOURABLE MR. JUSTICE K. SEMA
ORDER Date : 06-03-2025 Heard Mr. M.S Mondal, learned counsel for the petitioner and Mr. S.M.T Chistie, learned counsel for the respondent No. 1, 2 & 3. The learned counsel for the respondent No. 1, 2 & 3 has placed the copy of the order dated 05.03.2025 issued by the Director, Secondary Education, Kahilipara, Assam, Guwahati-19 and submits that the order alleged to have been violated has been complied with. The order dated 05.03.2025 is reproduced herein under;
“GOVT. OF ASSAM OFFICE OF THE DIRECTOR OF SECONDARY EDUCATION, ASSAM KAHILIPARA, GUWAHATI-19
No.E-352115/289
ORDER
Seen and Perused the Hon'ble Gauhati High Court's order dated 26-02- 2020 passed in WP(C) No. 1705/2015 (filed by Mainul Hoque -vs- State of Assam & others) wherein the Hon'ble Court has directed to issue necessary
order of provincialisation in respect of the petitioner. Accordingly, the Inspector of Schools, D.D.C.Dhubri was requested to submit proposal for provincialisation of service in respect of Mainul Hoque, Assistant Teacher(Sc.) (non-provincialised) in Shekhar Ullah Memorial High School, Dist. Dhubri by this office vide PC/CCI24/2021/83, Dated 02/08/2022. Thereafter, the Inspector of Schools, D.D.C. Dhubri vide letter No. PLC/SEC/DSC/PROV/2017/05, Dated 27/04/2023 submitted the proposal for provincialisation of service of the petitioner alongwith the Minutes of the District
Page No.# 3/4 Scrutiny Committee dated 12/04/2023 recommending the name of the petitioner for provincialisation of his service. After the careful verification of the records as per the Assam Education (Provincialisation of Services of Teachers & Re-organization of Educational Institutions) Act/2017 as amended in 2018, the matter of provincialisation of service of the petitioner of the instant case was placed before the State Level- Scrutiny Committee in its meeting held on 29/02/2024, and the said Committee recommended the name of the petitioner for provincialisationof his service as Assistant Teacher (5c.) (within schedule) in ShekharUllah Memorial High School, Dist.: Dhubri. Accordingly, the proposal for post creation in respect of Mainul Hoque has been forwarded to the Govt. under the Section 21.22 and 23 of the Provincialisation Act/2017 as amended in 2018 as the Govt, is the authority to create and sanction posts required for provincialisations of services of teaching staff. Thus, Hon'ble Gauhati High Court's order dated 26-02-2020 passed in WP(C) No. 1705/2015 (filed by Mainul Hoque -vs- State of Assam & others) has been cornplied with.
Signed by Mamata Hojai Date: 05-03-2025 16:35:45
Director Secondary Education, Assam Kahilipara, Guwahati-19”
Mr. M.S Mondal, learned counsel for the petitioner submits that in terms of the order dated 05.03.2025 passed by the Director, Secondary Education, Kahilipara, Assam, Guwahati-19, the contempt petition may be closed. In view of the submissions made by the learned counsel for the parties and upon perusal of the order dated 05.03.2025, issued by the Director, Secondary Education, Kahilipara, Assam, Guwahati-19, the present contempt petition stands closed. The copy of the order dated 05.03.2025 shall be placed on record. JUDGE
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