Md.Azizul Hoque vs The State Of Assam And 5 Ors

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GAHC010100352022

2026:GAU-AS:7523
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3521/2022
MD.AZIZUL HOQUE
HEAD TEACHER, DAKHIN KADAMONI PATHER VLP SCHOOL, VILL.
KADAMONI PATHER, P.S. BATADRAVA, DIST.- NAGAON, ASSAM. PIN-
782123.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR,
GUWAHATI-6.
2:THE DIRECTOR OF ELEMENTARY EDUCTION
ASSAM
KAHILIPARA
GUWAHATI-19..
3:THE MISSION DIRECTOR SSA
ASSAM
KAHILIPARA
GUWAHATI-19.
4:THE DEPUTY COMMISSIONER
NAGAON
P.O.
P.S. AND DIST.- NAGAON
ASSAM.
5:DISTRICT MISSION CO-ORDINATOR-CUM-DISTRICT ELEMENTARY
EDUCATION OFFICER
NAGAON
P.O.

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P.S. AND DIST.- NAGAON
ASSAM.
6:THE SUB-INSPECTOR (S.I.) OF SCHOOLS
BATADRAVA CIRCLE
DIST.- NAGAON
ASSAM

-BEFORE-
HON'BLE MR. JUSTICE ROBIN PHUKAN

Advocates for the appellant : Mr. Z. Hammad,
Advocate for the respondents : Mr. A. Phukan, Standing
Counsel,

Respondent Nos. 1, 2, 5 & 6.
Date of which Judgment is reserved : 24.02.2026
Date of pronouncement of Judgment : 29.05.2026
Whether the pronouncement is of the : N/A
operative part of the Judgment?
Whether the full judgment has been : Yes

JUDGMENT & ORDER (CAV)
Heard Mr. Z. Hammad, learned counsel for the petitioner and Mr. A.
Phukan, learned Standing Counsel for the respondent Nos. 1, 2, 5 & 6.
None appeared for the respondent Nos. 3 & 4.
2. In this petition, under Article 226 of the Constitution of India, the

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petitioner has challenged the Order, dated 28.04.2022, passed by the
Director, Elementary Education, Assam; and also prayed for issuing
direction to the respondent authorities to return the DISE code in favour of
the petitioner's school and also to provincialise the service of the petitioner
and the other 2 (two) teachers, on the basis of the materials available on
record.
Background facts :-
3. The background facts, leading to filing of the present petition, are
briefly stated as under -
"The petitioner, namely, Md. Azizul Hoque, is the Headmaster
of Dakhin Kadamoni Pather L.P. School (Venture). The said school
was established on 03.09.1996. The school has its own land and
the petitioner, along with two other persons were appointed as
Head Teacher and Assistant Teachers, respectively, vide Resolution
No. 4 of the General Meeting, dated 03.09.1996, by the Managing
Committee of the said school and since then, they are working
regularly in the school, till date. Their names also figured in every
official documents/records of the school and the DISE code No.
0102715 was issued for the year 2009-10.
Thereafter, another Assistant Teacher, namely, Md. Habibur
Rahman, was appointed by the Managing Committee as 2nd
Assistant Teacher on 02/01/2009, through Resolution No. 1 and he
joined there and worked as 2nd Assistant Teacher till the end of
2009.
Thereafter, on 05/05/2011, an Executive meeting was

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conducted in the school, wherein, as per resolution No. 1, it was
decided that as the earlier respondent Habibur Rahman did not
give any importance to his unauthorised absence in the school
therefore, as per resolution No. 2 of the said meeting, service of
said Habibur Rahman was terminated and discharged.
Thereafter, on 01/01/2013, in another meeting, the Executive
Committee of the said school, as per resolution No. 1, appointed
one Mushida Khatun as Assistant Teacher on 01/01/2013, and she
has been continuously serving in the school.
The school was last inspected by the concerned S.I. of the
Schools, Batadrava Circle, on 10/10/2013, and he found
everything as per the requirements.
Thereafter, on 28/02/2014, the District Elementary Education
Officer, Nagaon, verified all the records and documents of the
petitioners' said school and found everything genuine and correct
and also recommended that DISE code can be given to the
petitioners' school and accordingly, DISE code was allotted to the
said school.
Thereafter, said Habibur Rahman came back from Chennai,
after his unauthorised absence in the school and he came to know
about his discharge from the post of Asstt. Teacher, and then he
started another school in the year 2014, using same name and
style as Dakhin Kadamoni Pather LP School, manufacturing and
using all the documents and records of the original school headed
by the petitioner and he managed the concerned Block Elementary

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Education Officer (BEEO), Batadrava Circle and with his help, his
name was included in the DISE code of Dakhin Kadamoni Pather
LP School and also submitted papers of the original school by
manufacturing the same, for provincialisation of their posts and
their fake school.
Thereafter, the petitioner alongwith local public submitted one
representation to the concerned Block Elementary Education
Officer, stating the whole facts and thereby, praying for inquiry
and taking necessary action. Thereafter, the Block Elementary
Education Officer, Batadrava, Nagaon, had issued a letter on
16/07/2014, to discuss about different subjects of the school in
question, keeping the petitioner in dark and thereafter, the
petitioner approached the Block Elementary Education Officer,
Batadrava, Nagaon, on different occasions, but the same failed to
evoke any response.
Thereafter, the petitioner submitted a complaint petition to
the Deputy Commissioner, Nagaon and then, the Addl. Deputy
Commissioner (Education), Nagaon, had issued a letter on
08/08/2014, to the District Elementary Education Officer, Nagaon,
requesting him to examine the illegally established school headed
by said Habibur Rahman, but no enquiry was conducted till date.
Though the petitioner had submitted the required papers
before the authorities for provincialisation of his posts with others,
their names were not forwarded by the local and district
authorities to the higher authority. Later on, the petitioner came to
know that instead of his name, the District Elementary Education

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Officer (DEEO), on 12/09/2014, had submitted a forwarding letter
to the Director, Elementary Education, Assam for provincialisation
of the posts of said Habibur Rahman as Head Teacher and another
unknown person, namely, Ariful Siddique, as Assistant Teacher of
their fake school, namely, Dakhin Kadamoni Pather LP School.
Although, the concerned BEEO shown in his letter dated
16/07/2014, said Habibur Rahman as the Head Teacher and
Tajuddin as Asstt. Teacher of the school in question, for which, the
petitioner and his school were deprived from getting the benefits
of the provincialization and other Government facilities.
Being aggrieved, the petitioner preferred one CR Case, being
CR Case No. 1060/2014, on 15/10/2014, before the Court of
learned SDJM, Nagaon, and the same is pending before the said
learned court.
Thereafter, the petitioner had filed a writ petition, being
WP(C) No. 5638/2014, before this Court, praying to insert his
name, alongwith the names of two other teachers in the
particulars of their school submitted by the District Elementary
Education Officer, Nagaon, on 12/09/2014, to the Director,
Elementary Education, Assam, for its provincialization, removing
the names of said Habibur Rahman and others there from.
Accordingly, on 21/09/2015, the writ petition was disposed of
directing the Chairman, District Scrutiny Committee, Nagaon, to
dispose of the representation to be submitted by the petitioner
herein, alongwith the disposal order, on or before 31/12/2015, by
a reasoned & speaking order, with a further direction that till such

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disposal, the post of said Habibur Rahman and one other teacher
of his school shall not be provincialised.
Thereafter, the petitioner had submitted his representation,
along with a copy of the said writ petition, on 09/10/2015, before
the Chairman, District Scrutiny Committee, Nagaon, for
compliance and thereafter, on 17/12/2015, the District Elementary
Education Officer, Nagaon, issued a letter to the petitioner and the
President, School Management Committee, requesting them to
attend a hearing in this regard, at the D.C. Conference Hall,
Nagaon, to decide the matter. The petitioner alongwith the
President, SMC, attended the said hearing and accordingly, the
Chairman, District Scrutiny Committee, Nagaon, on 19/8/2016,
has passed a decision, to the effect that the school headed by the
petitioner was the original Dakhin Kadamoni Pather Venture LP
School. He also filed one application on 29.10.2015, to the Deputy
Commissioner, Nagaon, for getting back the DISE Code, which was
blocked on the basis of wrong direction of the BEEO, Batadrava
Education Circle, Nagaon, Assam.
Thereafter, said Habibur Rahman filed one writ petition, being
WP(C) No. 2304/2017, challenging the order dated 19/08/2016,
issued by the Addl. Deputy Commissioner (Edn.), Nagaon cum
Chairman, DLRC, Nagaon, and the said writ petition was disposed
of vide order dated 04/02/2020, with a direction that the Act of
2011 has been struck down by this Court in the year 2016, as
unconstitutional and the Act of 2011, no longer exists and since
the order dated 19/08/2016, was passed under the Act of 2011,

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nothing survives in this writ petition to be adjudicated and
thereafter, disposed of the same.
Thereafter, on 05/05/2017, the S.I. of Schools, Batadrava
Circle, Nagaon, Assam had inspected the school of the petitioner,
namely, Dakhin Kadamoni Pather L.P. School and prepared the
Inspection report on the same day, with observation and
declaration that the petitioner is found to be the Headmaster,
alongwith two other Assistant Teachers of the said school and he
also found 160 Nos. of students and the infrastructure of the
school was also found there.
Thereafter, the Deputy Director, Elementary Education,
Assam, vide his letter dated 13/01/2020, directed the District
Elementary Education Officer, Nagaon, to submit a report in the
light of order dated 21/09/2015, passed by this Court. But, the
same has not been attended to. And because of the inaction of
the District authority, his school and his post, alongwith other
teachers, have been deprived of the benefit of provincialisation.
And being deprived of provincialisation, the petitioner had filed
one appeal on 10/02/2021, under Section 14 of The Assam
Education (Provincialisation of services of Teachers and Re-
organisation of Educational Institutions) Act, 2017, before the
Chairman, State Level Scrutiny Committee cum Director,
Elementary Education Officer, Assam, narrating everything in
detail. But the same also failed to evoke any response.
Thereafter, the petitioner had filed another writ petition, being
WP(C) No.1386/2021, before this Court, for insertion of his name,

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alongwith 2 other petitioners in the particulars of their school
submitted by the District Elementary Education Officer, Nagaon on
12/09/2014, to the Director, Elementary Education, Assam, for
provincialization, removing the names of the private respondents
there from. Accordingly, on 03/03/2021, the writ petition was
disposed of directing the State Level Scrutiny Committee cum
Director of Elementary Education, Assam, to give consideration to
the appeal of the petitioner, dated 10/02/2021.
Thereafter, on 10/03/2021, the petitioner had submitted the
said disposal order alongwith with an Appeal and a copy of the
writ petition to the Director, Elementary Education, Assam for
compliance. But, the same also failed to evoke any response.
Thereafter, the petitioner had initiated one contempt
proceeding, under Article-215 of the Constitution of India and
Section 12 of the Contempt of Courts Act, 1971, read with
Contempt of Courts (Gauhati High Court) Rules, 1977, and in the
mean time, one communication, dated 31/07/2017, was made by
the DEEO, Nagaon, to the Mission Director, SSA, Kahilipara, for
either renewal of DISE code of the petitioner or to issue a fresh
DISE code, on the basis of speaking order passed by the Deputy
Commissioner, Nagaon. But, the Director, Elementary Education,
Assam, without considering the said communication, dated
31/05/2017, made by the DEEO, Nagaon and the Inspection
Report, dated 05/05/2017, issued by the SI of Schools, Batadrava
Circle, vide impugned order, dated 28/04/2021, rejected the
genuine claim of the petitioner, for provincialisation of his service

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and other two teachers of Dakhin Kadamoni Pather LP School,
with the wrong observation that the school of the petitioner does
not fulfill the criteria of enrolment of students for provincialisation
of service as per the Act of 2017. Being aggrieved, the petitioner
has approached this Court by filing the present petition, seeking
the reliefs as aforesaid."

4. The respondent No. 2, the Director of Elementary Education, Assam,
Kahilipara, has filed the affidavit-in-opposition, wherein, a stand has been
taken that as per the Order passed by this Court on 07.11.2023, in Writ
Petition No. 3521/2022, directing the Director of Elementary Education,
Assam, to depute an officer of a rank higher than the Inspector of Schools
to carry out an inspection of Dakhin Kadamoni Pather LP School and take
an appropriate decision on the claim of the petitioner for provincialisation,
one Joint Secretary from the Department of School Education, in absence
of Joint Director or Additional Director; was deputed to inspect the school
of the petitioner, Accordingly, one Smti. Rupashree Bhattacharjee, the
Deputy Secretary, Government of Assam, Department of School Education,
Dispur, was deputed to carry out a spot enquiry of Dakhin Kadamoni Pather
LP School. After enquiry, an inspection report was submitted, which is
enclosed with the affidavit-in-opposition as 'Annexure-I'.
4.1 Notably, perusal of the said inspection report indicates that Smti.
Rupashree Bhattacharjee, along with one Smt. Jawahira Tabassum, Deputy
Director, Directorate of Elementary Education, Assam, had conducted spot
inspection of Dakhin Kadamoni Pather Venture LP School, located at Village
Kadamoni Pather, P.S.-Batadrava, under Nagaon district and on spot
enquiry, she found that the school is a Kacha house and the walls and the

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pillars are made of bamboo with a single room. The basic needs of the
school are not available in the school and there is no environment of
learning for students. Further, no teachers and students were found present
in the school at the time of spot inspection. Since, there were no teachers
and students attending the school at the time of spot inspection, the
proceeding books and other documents relating to enrollment of the school
could not be verified and the photo of the school was captured and is
attached with the report.
5. The respondent No. 1, Secretary to the Government of Assam,
Education (Elementary) Department, Assam, has filed an additional affidavit
on 23.07.2025, wherein, a stand has been taken that the inspection was
carried out on 29.01.2024, at 10 AM, in a working day. In spot enquiry, it
was found that the school in question is a Kacha house and the walls and
pillars are made up of bamboo with a single room and that, there were no
teachers and students found attending the classes during the class hours.
And there was no one present in the school premises during the class
hours, be it the teachers or the students; due to which the proceeding
books and the other documents, relating to enrollment could not be verified
and seized.
6. The petitioner has filed his reply to the affidavit-in-opposition filed by
the respondent No. 2, wherein, he has stated that the school of the
petitioner was inspected without giving any prior notice and on that day,
he, along with the only other teacher (his brother), had to leave the school
at 9:15 A.M. because of the sudden demise of their paternal uncle and
therefore, the students were also asked to leave the school early. And, as
the school was in venture stage, the visit of the Deputy Secretary was not

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informed to anyone; and that as per the report of the SI of Batadrava
school, the students shown is 160 in Nos. for the 2017 and the same was
not disputed and under such circumstances, it is contended by the
petitioner to allow this petition.
: -
Submission of learned counsel for the petitioner
7. Mr. Hammad, learned counsel for the petitioner submits that the
petitioner is the original Headmaster of Dakhin Kadamoni Pather L.P. School
and that one Habibur Rahman was also appointed in the said school as
Assistant Teacher by the Managing Committee. But, after rendering service
for some years, he defaulted and left for Chennai. Thereafter, the petitioner
and the School Management Committee had discharged said Habibur
Rahman from the school. But, after returning from Chennai and coming to
know about his discharge from the said school, Habibur Rahman started
another school in the same name, in that locality and he, with the help of
the Block Elementary Education Officer, Batadrava, who happens to be his
close relative; has managed the documents and forwarded his name and
the name of his school to the authority for provincialisation. Though, the
petitioner had preferred several representations to the authorities, but the
same have failed to evoke any response and thereafter, he had preferred
one writ petition before this Court, wherein, a direction was issued to
inspect the petitioner's school by an Officer, not below the rank of Joint or
Additional Deputy Director.
7.1. Thereafter, one Deputy Director was deputed to inspect the school,
who, after inspection, found that the school was closed on that day. He also
submitted that the said inspection was carried out without informing the

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petitioner and on that day, the petitioner and the other Assistant Teacher's
paternal uncle had suffered demise, for which, they had to leave the school
at 9:15 AM in the morning and closed the school. He also submits that in
fact, the petitioner's school is the original school of Dakhin Kadamoni
Pather and the said fact is apparent from the report submitted by the ADC
(Education), Nagaon, and in that view of the matter, the impugned order,
dated 28.04.2022, passed by the Director, Elementary Education, Assam, is
illegal and arbitrary and the same is liable to be quashed. Mr. Hammad also
submits that the respondent authorities may be directed to provincialise the
school and services of the petitioner and the other two teachers.
Submission of learned counsel for the respondent: -

8. Per contra, Mr. Phukan, learned Standing Counsel for the respondent
Nos. 1, 2, 5 & 6 has vehemently opposed the petition. He submits that a
photograph taken by the Deputy Director, while inspecting the petitioner's
school and the finding, so recorded by the said Deputy Director during
inspection, shows that it was only a single room and she did not found any
teachers or any students in the said school on that day, though, she had
visited the school at about 10:30 AM, on a working day.
8.1 Mr. Phukan further submits that the Director, Elementary Education has
rightly rejected the claim of the petitioner and the impugned order suffers
from no infirmity or illegality requiring any interference of this Court and
therefore, he has contended to dismiss the petition.
Consideration and analysis:-
9. Having heard the submissions advanced by the learned counsel for both
the parties, this Court has carefully gone through the petition and the

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documents placed on record and also perused the impugned order, dated
28.04.2022.
10. In order to deal with the issue with greater precision, this court
deemed it necessary to extract the impugned order dated 28.04.2022
herein below:-
GOVERNMENT OF ASSAM
OFFICE OF THE DIRECTOR OF ELEMENTARY EDUCATION,
ASSAM KAHILIPARA. GUWAHATI-19

No. EPD/H/42/2021/123 dated Kahillpara, the 28
April, 2022
O R D E R

Perused:The Hon'ble High Court order dated
03/03/2021 passed in WP(C) No. 1386/2021-
Azizul Haque Vs State of Assam.

Read:-1.The Assam Education
(Provincialisation of Services of Teachers
and Re-organisation of Educational
Institutions) Act 2017.
2. The proposal for provincialisation of
services of teachers of VLP and RUP Schools
as submitted by DEEO, Nagaon alongwith
minutes of DSC, Nagaon under the Act, 2017.
3. Minutes of the State Level Scrutiny
Committee (SLSC) Committee meeting held on
28/01/2022.

Findings: The school of the petitioner, Dakhin
Kadomoni Pathar LP School was established on
03/09/1995 at village Kadomoni Pathar under Nagoan
District and the petitioner, Azizul Haque was

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appointed as Head Teacher of the school. The DISE
Code of the school for the year 2009-10 is 0102715.
Thereafter, one teacher of the said school, Habibur
Rahman was terminated from the school by the School
Management Committee due to unauthorised prolonged
absenteeism. The said teacher had established another
school in the same name, Dakhin Kadomoni Pathar LP
School within the same village. The petitioner filed
a case in the Hon'ble High Court on this matter vide
WP (C) 5638/2014. The Hon'ble High Court passed order
dated 21/09/2015 in the said Writ Petition with
direction to the Deputy Commissioner, Nagoan cum
Chairman DSC, Nagaon to verify as to which school
among the two with the same name is the original one.
In this connection, Additional Deputy Commissioner,
Nagaon cum Chairman of DCC, Nagaon conducted an
enquiry by giving opportunity of hearing to the
petitioner and private respondent along with hearing
and passed a speaking order dated 19/08/2016 in
favour of the petitioner, Azizul Haque declaring the
school of the petitioner to be genuine.
The other teacher who had established another
school in the car of Dakhin Kadomoni Pathar LP School
filed another case in the Hon'ble High Court vide WP
(C) 2304/2017 against the order dated 19/08/2016
passed by Additional Deputy Commissioner, Nagaon cum
Chairman of DSC, Nagaon in pursuance of the Hon'ble
High Court passed order dated 21/09/2015 in WP (C)
5638/2014. The Hon'ble High Court declined the said
Writ petition and disposed of the case vide order
dated 04/02/2020.

The Provincialisation of Services as per Act, 2017
drive was initiated vide advertisement No. EPD-
46/2017/46 dated 17/05/2017 which was published in
daily newspaper on 18/05 2017 with a direction to

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concerned Head of the Educational Institutions to
submit the applications with duly filled up format
with copy of all required documents to their
respective DEEOs within a stipulated time mentioned
in the advertisement and no application form of any
venture Educational Institutions shall not be
received thereafter.
Accordingly, the Head of schools submitted their
application for along with the required documents of
their respective district.

As per clause 13 (6) of the Act the DSC first
scrutinized and prepared a list of Venture
Educational Institutions within the district which
are eligible in terms of the provision of the Act and
thereafter proceed to scrutinize and verify the
service records of all serving teachers who are
eligible or would become eligible for being
considered for provincialisation of their services.


After recommendation of those teaching staff by the
DSC concerned the posal were submitted by DEOs of
concerned district for placing before the SLSC
Accordingly, SLSC after scrutiny of the proposal the
names of eligible teachers were recommended for
provincialisation of service as Tutor to the Govt.
and after receipt of sanction of post of tutor this
Directorate Issued the notification of
provincialisation of services on 05/02/2021.


As per office records it is seen that DEEO, Nagoan
had submitted the proposal for Provincialisation of
Services of the teachers along with recommendation of
DSC, Nagown in respect of Dakhin Kadomoni Pathar LP
School.


The said proposal as received from the DEEO, Nagpan

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was placed before the SLSC and the Joint Committee
constituted by Govt. under the Chairmanship of Sri.
R.C. Jain, retired IAS cum Chairman, SEBA for
examining the proposal for Provincialisation of
Services as per Act, 2017. The Committee vide its
minute dated 24/07/2020 decided to instruct MD, SSA
to verify the following criteria in respect of the
proposals submitted for provincialisation of
services:

a) Whether the name of the school appears in
the DISE data of 2009 or before.
b) Whether the name of incumbents appears in
the DISE data of 2011 and afterwards.
c) Enrolment position of the school during
2016-17 and 2017-18.


Accordingly, SSA Assam had submitted the DiSE data
maintained by NEUPA in respect of the school of the
petitioner, Dakhin Kadomoni Pathar LP School. As per
the report furnished by SSA, Assam it is shown as "No
enrolment on U-DISE in the database maintained by
NUEPA for the year 2016-17" in respect of the school
of the petitioner, Dakhin Kadomoni Pathar LP School
(DISE code 18100102715), the DISE Code being the same
as furnished by the petitioner in respect of his
school, Dakhin Kadomoni Pathar LP School.

The name of the teachers could not be recommended
for provincialisation of services of The teachers
against Dakhin Kadomoni Pathar LP School by the SLSC
as well as the Joint Committee decision vide minutes
dated 24/07/2020 due to non-fulfilment of the
enrolment criteria as per the clause 3 (1)(xii) of
the Act, 2017, wherein it is laid down that The DISE
code of the school was0102715 during 2009-10 and as

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per DISE data there was no enrolment in the year
2016-17 in the school Dakhin Kadomoni Pathar LP
School.

Being aggrieved, the petitioner, Azizul Haque filed
the present Writ petition in the Hon'ble High court
vide WP (C) No. 1386/2021 with the claim that DSC,
Nagaon had furnished the particulars of the other
fake school in the same name for Provincilaisation of
Services as per Act, 2017.
The Hon'ble High Court passed order dated
03/03/2021 in WP (C) 1386/2021 that the appeal dated
10/02-2021 preferred by the petitioner under Section
14 of the Act, 2017 be given its consideration and
brought to its logical end. Accordingly, the State
Level Scrutiny Committee cum Director of Elementary
Education Department of Assam is directed to give the
consideration to the appeal dated 10/02/2021
preferred by the petitioner under Section 14 of the
Act, 2017 and pass a reasoned order thereof.

The SLSC examined the following points:
1. As per Clause-3(1) (XII) of Provincialisation
of Services Act-2017 the enrolment shall be
verified with the DISE data as per DISE code 2009-
10 or before maintainedrified to be by National
University of Educational Planning and
Administration, New Delhi.
2. On the other hand Govt. in Elementary Education
Department has constituted a Joint Committee under
the Chairmanship of Sri. R.C. Jain, retired IAS
cum Chairman, SEBA for examining the proposal for
Provincialisation of services as per Act, 2017.
submitted for The Committee vide its minute dated
24/07/2020 decided to instruct MD, SSA το verify
the following criteria in respect of the proposals

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Provincialisation of services:

a) Whether the name of the school appears
in the DISE data of 2009 or before.
b) Whether the name of Incumbents appears
in the DISE data of 2011 and afterwards.
c) Enrolment position of the school during
2016-17 and 2017-18.

In view of above, the Committee examining the stated
fatio of be view that ss school, Dakhin Kadomoni
Pathar LP School with DIS code 18100102715does not
fulfill the via ar laid down in the clause 3 (1)kil)
of the Act, 2017 since the enrolment position of the
bool during the year 2016-17 is shown a "No enrolment
on UDISE in the database maintained by NUEPA for the
year 2016-17". Hence, the Committee decided to stand
by the decision of do parlier SLSC and Joint
Committee constituted by Govt. and therefors the
Commitise and also decided that the claim of the
petitioner school, for provincialisation of services
of the teachers against Dakhin Kadomani Pathar LP
School as per Provincialisation of Services Act, 2017
cannot be considered.
Decision:
In view of above, the Committee examining the stated
facts is of the view that the school of the
petitioner does not fulfil the requisite criteria of
enrolment of students for Provincialisation services
as per act, 2017as per the decision of the SLSC and
the Joint Committee constituted by Govt. vide its
minutes dated 24/07/2020. Hence, the claim of the
petitioner school, for provincialisation of services
of the teachers against Dakhin Kadomani Pathar LP

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School as per Provincialisation of Services Act, 2017
ir hereby rejected. This order is issued in
compliance of the Hon'ble High Court order dated
03/03/2021 passed in WP(C) No. 1386/2021- Azizul
Haque Vs State of Assam Sd./-(Smti Suranjana
Senapati, ACS)
Sd./
Director,

Elementary Education, Assam
Kahilipara, Guwahati-19


11. It appears that the school of the petitioner has a chequered history.
Though the name of the school appeared in the UDISE for the year 2009-
10, the same had not been reflected in the UDISE, till 2017. It also appears
that there was a dispute in respect of the DISE Code of the petitioner's
school and also the school of one Habibur Rahman, who was earlier
appointed in the school of the petitioner as Asstt. Teacher. Subsequently, he
left the school and started another school in the same name and able to
get the DISE Code of the School of the petitioner.
12. Further, from the impugned order, it appears that the Director,
Elementary Education, has rejected the claim of the petitioner on the
ground that the Dakhin Kadamoni Pather L.P. School, with DISE code No.
18100102715, does not fulfill the criteria laid down in the Clause 3(1)(xii) of
the Act of 2017, since, the enrollment position of the school during the year
2016-17, is shown as nil in the UDISE database maintained by NUEPA for
the year 2016-17. Therefore, the Joint Committee had arrived at a finding
that the claim for provincialisation of Dakhin Kadamoni Pather L.P. School
and provincialisation of services of the teachers, as per the Act of 2017;

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cannot be considered and thereafter, the claim of the petitioner's school for
provincialisation of teachers against Dakhin Kadamoni Pather L.P. School
was rejected.

13. This Court has carefully gone through the Clause 3(1)(xii) of the Act of
2017. Clause 3(1) deals with the eligibility criteria for selection of
educational institution for provincialisation of services of teachers tutors.
Clause (xii) read as under:-
(xii) The enrolment shall be verified with the data as
per DISE Code 2009-10 or before as available in
the records of the National University of
Educational Planning and Administration, New
Delhi. There shall be physical verification of
students and checking of records of attendance of
students of last three years
13.1. In the case of the school of the petitioner, during the year 2016-17,
in the database maintained by NUEPA was shown as 'no enrollment on
UDISE'. However, the contention of the petitioner is that all along there
were sufficient numbers of students in his school, in support of his
contention he had produced several documents, including the school
attendance registers.
13.2. The contention of petitioner in respect of the enrollment of students
in his school finds corroboration from the 'Annexure-18' of this writ petition,
which is a report prepared by the SI of Schools, Batadrava Circle, District
Nagaon, who has inspected the school on 05.05.2017, at 11:30 AM. Perusal
of the report indicates that the Inspector had found the enrollment position
of the petitioner’s school as under -
"No. of students present today:

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Class. 1 -22/15
Class. II -19/12
Class. III-21/10
Class. IV-20/18
Class. V-13/10"
He has also found 3 teachers, namely, the petitioner herein, Md. Taij
st nd
Uddin Ahmed, 1 Assistant Teacher and Musstt. Murshida Khatoon, 2
Assistant Teacher.
14. But, the Director, Elementary Education, Assam, in the impugned order,
dated 28.04.2022, has not at all considered those facts. And in fact, the
said report was not placed before the Director, Elementary Education,
Assam.
15. Another aspect of the matter is that as per direction of this court a
inspection of the school of the petitioner was carried out by a Deputy
Director, and during inspection she found the school with only a single room
and she did not found any teachers or any students in the said school on
that day. She had visited the school at about 10:30 AM, on a working day.
As per version of the petitioner on that day one of his relative had suffered
demise for which he and the other teacher had to leave the school early
and that the said inspection was carried out without intimation to him. But,
as per the contention of the petitioner, another Assistant Teacher, namely,
Musstt. Murshida Khatoon is also continuously serving in the said school.
But, on the date of inspection, she was also found to be absent without any
reason, even if there is explanation for absence of the petitioner with
another teacher. All these facts makes the contention of the petitioner
doubtful, and to remove the same a fresh inspection/enquiry is found to be

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very much essential.
Conclusion: -

16. In that view of the matter and also, in view of the fact that the name
of the school is reflected in the DISE code for the year 2009-10, though, no
enrollment of UDISE is shown for the year 2016-17; though the report of
the Inspector of School, Annexure-18 goes to show sufficient numbers of
students, this Court is of the view that there is a requirement to look into
the matter a fresh by the respondent No. 2, the Director of Secondary
Education, Assam.
17. Accordingly, this court inclined to dispose of this petition, with the
following observations and directions:-
(i) The petitioner to file a fresh representation before the Director,
Elementary Education, Assam, enclosing the 'Annexure-18',
i.e., the Report submitted by the S.I. of Schools, Batadrava
Circle, District Nagaon, Assam, dated 05.05.2017; along with
all relevant documents to show the enrollment position of his
school since the year 2009-2010 till 2016-17.
(ii) On such representation being filed, the Director, Elementary
Education, Assam, shall examine the veracity of the
aforementioned report and also, it shall consider any other
documents furnished by the petitioner, to substantiate the
number of enrollment in his school since the year 2009-10 till
2016-17.
(iii) Further the respondent No.2 shall enquire about the reason for
non reflection of the school of the petitioner in the UDISE,

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after 2009-10
(iv) The respondent No.2 shall also carry out an inspection about
the physical status of the school its land and the facilities
available there and the attendance of students, by deputing a
responsible official, not below the rank of DEEO.
(v) The official, to be deputed, shall carry out the inspection with
prior information to the petitioner.
(vi) Thereafter, on receipt of the reports of such enquiry/inspection,
the respondent No.2 shall pass a fresh order in respect of
entitlement of the petitioner’s school for provincialisation.
18. Let the aforementioned exercise be carried out within a period of 3
(three) months, from the date of receipt of certified copy of this order. The
petitioner shall obtain a certified copy of this order and shall place the same
before the respondent authorities, within a period of 1 week from today.
19. And in order to facilitate, in carrying out of the aforementioned
exercise, the impugned order, dated 28.04.2022, passed by the Director,
Elementary Education, Assam; stands set aside and quashed.
20. In terms of the above, this writ petition stands disposed of.

JUDGE
Comparing Assistant