KAMRUN NESSA BARBHUIYA AND ANR Vs. STATE OF ASSAM AND 8 ORS
LAWS(GAU)-2018-6-83
HIGH COURT OF GAUHATI
Decided on June 13,2018

Kamrun Nessa Barbhuiya And Anr Appellant
VERSUS
State Of Assam And 8 Ors Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. PK Deka, learned counsel for the petitioners and Mr. AMS Mazumdar, learned counsel for the respondent No.8. Also heard Ms. R Roy Choudhury, learned counsel for the respondent No. 1,2,4,5 and 6 and Ms. RB Bora, learned counsel appears for the respondent No.3. Mr. P Nayak, learned counsel appears for the respondent No. 7.
(2.) The matter pertains to provincialisation of a venture school and the contention of the petitioners is that the details and identity of their school i.e. Swahid Mujamil Haque Venture L.P. School in Lakhirbond of Hailakandi was, usurped by the respondent Nos.8 and 9 of the similarly spelt Sahid Muzamil Haque L.P. School, Kalibari Bazar in Hailakandi district, to receive un-deserved provincialisation, under the impugned order of the DEE, Assam on 15.05.2013 and the DEEO's order dated 08.08.2013.
(3.) The learned counsel, Mr. P.K. Deka refers to the particulars at page-20 relating to the petitioners' school, to project that the Swahid Mujamil Haque Venture L.P. School was established on 01.03.1972 and the two petitioners had joined the school on 21.01.1987 and 06.03.1998 respectively. Whereas, the other school i.e. Sahid Muzamil Haque L.P. School was established subsequently on 01.01.1973 and the respondent Nos.8 and 9 were appointed in this school on 01.01.1997 and on 01.01.1992, respectively. However the dates of appointment of the petitioners and the date of establishment of the petitioners' school on 01.03.1972, was incorrectly shown as the relevant dates for the respondent Nos.8 and 9 (Salim Uddin Laskar and Aleya Begum Laskar) and on that basis it is argued that un-deserved provincialisation has been granted to the other school on the basis of the dates which are relevant for the, older school of the petitioners.;


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