THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 7 ORS
Case at a glance
- Decided
- 13 May 2022
- Bench
- DEVASHIS BARUAH
Outcome
Disposed of
With the above observations, the instant petition stands disposed of on
Provisions considered
Judgment
P.O. NAGAON DIST.- NAGAON ASSAM PIN- 782002 5:KARIMA KHATUN THE THEN HEAD MASTER MOIRADHAJ M.E. MADRASSA W/O- AZIZUR RAHMAN R/O- VILL- MOIRADHAJ P.O. ROWMARI BILL P.S. DHING DIST.- MORIGAON (ASSAM) PIN- 782123 6:THE HEAD MASTER 1210 NO. MOIRADHAJ L.P. SCHOOL P.O. ROWMARI BILL P.S. DHING DIST.- MORIGAON (ASSAM) PIN- 782123 7:ALAL UDDIN AHMED S/O- MD. AKKEL ALI R/O- VILL- MOIRADHAJ P.O. ROWMARI BILL P.S. DHING DIST.- MORIGAON (ASSAM) PIN- 782123 8:SHALEMA BEGUM W/O- RAIS UDDIN R/O- VILL- MOIRADHAJ P.O. ROWMARI BILL P.S. DHING DIST.- MORIGAON (ASSAM) PIN- 782123 ------------ Advocate for : MR. A K HUSSAIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date : 13-05-2022 ORDER Heard Mr. A. K. Hussain, the learned counsel for the Petitioner, Mr. N.J. Page No.# 3/4 Khataniar, the learned counsel appearing on behalf of the Elementary Education Department and Mr.
S. Alim, the learned counsel appearing on behalf of the Respondent Nos. 5 and 6. The instant writ petition has been filed challenging the order of provincialisation made in favour of the Respondent Nos. 7 and 8 on the ground of non-compliance with the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and Section 3 (1) (xi) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. The learned counsel for the Petitioner submits that the instant writ petition would involve certain disputed questions of facts as to whether the Petitioner is an Assamese Teacher. He also submits that while provincialising the services of Respondent Nos. 5, 7 and 8, the authorities also have not taken into consideration the Assamese Language Learning Act, 2020 which mandates that Assamese is a compulsory language to be taught.
Operative part
Under such circumstances, the learned counsel for the Petitioner submits that he may be given the liberty to prefer an appeal under Section 14 of the Act of 2017 which he would be doing so on the liberty so being granted within a period of 15 days. Taking into consideration the submission of the learned counsel for the Petitioner, this Court is of the opinion that the said submission being reasonable, permits the Petitioner to withdraw the instant writ petition with a liberty to file appeal under Section 14 of the Act of 2017 to the Secretary to the Government of Assam, Elementary Education, who shall upon such appeal being filed, shall take into consideration the facts involved and by a reasoned order dispose off the appeal within a period of 45 days therefrom. With the above observations, the instant petition stands disposed of on withdrawal. The interim order so passed earlier shall stands vacated. Page No.# 4/4 JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above observations, the instant petition stands disposed of on
Which statutory provisions did this judgment involve?
Right of Children to Free and Compulsory Education Act, 2009; Services of Teachers and Re-organization of Educational Institutions Act, 2017; Assamese Language Learning Act, 2020.
Which court decided this case, and when?
Gauhati High Court, on 13 May 2022. The bench was DEVASHIS BARUAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.