SMT. DIPALI DEKA @ DIPALI MALAKAR v. THE STATE OF ASSAM AND 4 ORS

SMT. DIPALI DEKA @ DIPALI MALAKAR W/O LATE ATUL MALAKAR, R/O VILL-CHAMERIDWAR, P.O.-GERUA ASHRAM, P.S.-BARBARI, DIST-BAKSA, ASSAM, PIN-781344 VERSUS THE STATE OF ASSAM AND 4 ORS NOTICE THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE STATE LEVEL SCRUTINY COMMITTEE ASSAM REPRESENTED BY THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BAKSA AT MUSHALPUR 5:THE DISTIRCT SCRUTINY COMMITTEE BAKSA REPRESENTED BY ITS CHAIRMAN THE DEPUTY COMMISSIONER BAKSA AT MUSHALPU Advocate for the Petitioner : MR. U K DAS Advocate for the Respondent : SC, ELEM. EDU Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR Date : 26.10.2022 ORDER Heard Mr. U.K.Das, learned counsel for the petitioner. Also heard Mr. B.Koushik, learned standing counsel, Elementary Education for respondent Nos. 1, 2 and 3, Mr. P.Choudhury, learned standing counsel, BTC for the respondent No.4 and Ms. D.D. Barman, learned Govt. Advocate for respondent No.5.

The petitioner was appointed as First Assistant Teacher in Kadamtola Gopalthan L.P. School, Kadamtola, Baksa in terms of the resolution passed by the School Management Committee on 14.12.1986. The name of the petitioner is recorded as Dipali Deka in all documents pertaining to her educational qualifications, Pan Card and Adhar Card. However, after her marriage with one Mr. Atul Malakar, name of the petitioner appeared as Dipali Malakar and also as Dipali Deka Malakar in some other documents like the electoral photo identity card etc,.

In the DISE CODE captured for the academic year 2010-2011, her name appeared as Dipali Malakar and for the year 2019-2020 and 2021-2022, her name appears as Dipali Malakar Deka. In the meantime, the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions), Act 2017, (Act of 2017 in short), was enacted by the Government of Assam. In terms of the Act of 2017, the District Elementary Education Officer, Baksa submitted the field Page No.# 3/3 verification report for provincialisation of the services of the teaching and non- teaching staffs of Kadamtola Gopalthan L.P. School. Thereafter, the Headmaster and one teacher of the said school were provincialised, however, case of the petitioner was not considered. Being aggrieved, petitioner filed an appeal under Section 14 of the Act of 2017, before the Commissioner & Secretary to the Government of Assam, Department of School Education/respondent No.1 on

22.09.2022. However, it is submitted that the respondent No.1 did not accept the appeal filed by the petitioner.

As the Act of 2017, particularly Section 14 provides for an appeal, it was incumbent on the part of the respondent No.1 to accept the appeal filed by the petitioner on 22.09.2022. Accordingly, respondent No.1 is directed to accept the appeal filed by the petitioner on 22.09.2022 and thereafter, consider the case of the petitioner after hearing her in person and pass an appropriate order in accordance with law within a period of 2(two) months from the date of receipt of a copy of the order of this Court.

With the above observations and directions, the writ petition is disposed of. JUDGE Comparing Assistant