ABUTALHA SAMSUZZUHA (MD.) Vs. STATE OF ASSAM
LAWS(GAU)-2019-4-76
HIGH COURT OF GAUHATI
Decided on April 11,2019

Abutalha Samsuzzuha (MD.) Appellant
VERSUS
STATE OF ASSAM Respondents


Referred Judgements :-

CHANDAN KUMAR NEOG VS. STATE OF ASSAM [REFERRED TO]


JUDGEMENT

A.K.Goswami, J. - (1.)Heard by Mr. A Ali, learned counsel for the appellant led by Mr. AM Mazumdar, learned senior counsel. Also heard Mr. MU Mahmud, learned counsel for respondent No.8 and Mr. N Sarma as well as Mr. J Abedin, learned Standing Counsel, Education (Elementary) Department, Government of Assam for respondent Nos. 1,2,4 and 5. None appears for respondent Nos. 3,6 and 7.
(2.)The challenge in this writ appeal is to the order dated 19.7.2018 whereby WP(C) No. 3996/2018 and WP(C) No.4489/2016, filed by the appellant herein, were disposed of noting that if an application is made by the appellant for provincialisation of his service in Bechimari Girls' M.E. Madrassa, the same shall be considered on its own merit and in accordance with the provisions of the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017 (for short, hereinafter referred to as 'the 2017 Act'). In essence, prayers made in the writ petitions were not acceded to.
(3.)Prior to coming into force of the 2017 Act, the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (for short, hereinafter referred to as 'the 2011 Act') was holding the field for provincialisation of services of the employees of venture educational institutions in the State of Assam. The said Act was struck down by this Court by judgment and order dated 23.9.2016 in 2016(5) GLT 296: WP(C) No. 3190/2012 (Chandan Kumar Neog and Ors. Vs. State of Assam and Ors.). Subsequently, by an order dated 2.1.2017 passed in Review Petition No. 167/2016, the aforesaid judgment and order dated 23.9.2016 was clarified.


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