MASUMA AHMED W/O AMINUR ISLAM AHMED v. STATE OF ASSAM
2022-05-06
ACHINTYA MALLA BUJOR BARUA
body2022
DigiLaw.ai
JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. M.R. Khandakar, learned counsel for the petitioner. Also heard Mr. Ganesh Pegu, learned counsel for the respondent Nos. 1, 2, 4 and 5 being the authorities under the Elementary Education Department, Government of Assam and Ms. DD Barman, learned counsel for the respondent No. 3, Deputy Commissioner, Dhubri. 2. Considering the nature of the order to be passed, notice is not required to be served on the respondent No. 6 Smti Julfa Ahmed. 3. The petitioner is a language teacher in the Silghagri ME School in the Dhubri district having been appointed on 05.07.2006 and the respondent No. 6 Smti Julfa Ahmed is also a language teacher of the same school and was appointed on 20.12.2010. If the respective dates of appointments are correct, apparently the petitioner would be senior to the respondent No. 6 as a language teacher of the school. 4. When the language teacher of the school was not provincialised and on the other hand the social science and science teachers were provincialised, the petitioner instituted WP(C) 2398/2021 which was given a final consideration by the order dated 31.03.2021. By the said order, a direction was issued to the respondents in the Elementary Education Department to carry forward the recommendation of the District Scrutiny Committee for provincialising the language teacher of the school to its logical end. Consequent thereof, the order impugned dated 07.01.2022 had been passed by the Director of Elementary Education Department, Assam . By the said order, the claim of the petitioner for provincialisation as a language teacher of the school stood rejected by providing that the SLC had recommended three teachers respectively as language teacher, science teacher and social studies teacher and the name of the petitioner Masuma Ahmed was not recommended for provincialisation. It is stated that no one had been provincialised as language teacher of the school concerned. It was also provided in the order impugned that the name of the other teacher Julfa Ahmed did not appear in the DISE code. 5.
It is stated that no one had been provincialised as language teacher of the school concerned. It was also provided in the order impugned that the name of the other teacher Julfa Ahmed did not appear in the DISE code. 5. Be that as it may, we are of the view that it was incumbent upon the Director to call for the entire records to find out as to which of the teacher was entitled for being provincilased as a language teacher of the school and if there was an incorrect recommendation made by the SLC in favor of some teacher whose name did not appear in the DISE code or as a matter of fact there was incorrect decision of the SLC in not recommending the petitioner who otherwise may have been entitled , it was for the Director to look into the matter and pass a reasoned order rather than taking a perfunctory view that as the SLC did not recommend the petitioner so the petitioner is rejected and as the SLC had recommended another person whose name did not appear in the DISE code and therefore the said person be also rejected. 6. Accordingly, we interfere with the order dated 07.01.2022 and direct the Director of Elementary Education Assam to determine as to who would be entitled to be provincialised and accordingly pass a reasoned order thereon. Requirement may be done within 2 months from the date of receipt of a certified copy of this order and in doing so, if necessary , the other person may also be given a hearing by the Director. 7. Writ petition disposed of as indicated herein above.