HASSINA DILRUBA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Dubey, the learned counsel for the Petitioner and Mr. R. Majumdar, the learned Standing Counsel appearing on behalf of the Secondary Education Department.

(2.) All the three writ petitions are taken up together taking into consideration that the Petitioners in all the three writ petitions have been challenged the termination by a common order dtd. 17/2/2016 the order dtd. 10/12/2015 passed by the Secretary to the Government of Assam, Education Department by which the Petitioners appointments were cancelled with immediate effect as well as also the order dtd. 22/7/2016, and the dismissal of the joint appeal filed by the Petitioners by the Director of Madrassa, Education, Assam.

(3.) The facts of the instant case is that in the year 1995, the State Government enacted the Assam Madrassa Education (Provincialised) Act, 1995 (for short 'the Act of 19950 by which the services of teaching and non teaching staff of 74 Madrassas were provincialised, however, the property of the said Madrassa remained with the Managing Committee of the said concerned Madrassas. Thereupon the State Government took steps for filling up various posts of teaching and non teaching staff of 74 provincialised Madrassas under the Act of 1995 and for that purpose all required approval including approval from the Finance Department was taken. Initially there was approval of 323 posts which was later increased to 470 posts, which would be evident from the letter dtd. 19/4/2008 as well as from the list annexed with the letter dtd. 21/6/2012 issued by the Director of Madrassa Education, Assam.