MD. ABDUL MOTIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. AR Bhuiyan, the learned counsel representing the petitioner. The respondents are represented by Mr. N Sarma, the standing counsel for the Education Department.

(2.) THE issue here is whether the service of the petitioner should have been provincialised as the Superintendent of the Hazrat Azan Peer Arabic College, Jorhat (hereinafter referred to as the HAP Arabic College'), because he secured the required Mumtajul Muhaddisin (M.M.) degree only on 21.12.1995 (Annexure -E) whereas the services of the employees were provincialsed on 15.3.1996 at a stage when the petitioner was downgraded from the post of Superintendent as an under qualified incumbent, giving him two years time to qualify for the post by the Director of Secondary Education (DSE), Assam.

(3.) THE Govt. of Assam took over this Arabic College alongwith 25 other institutions under the grants in aid system w.e.f. 1.10.1992 through the order dated 30.3.1993 (Annexure -B). The departmental approval for appointment of the petitioner was granted on 19.6.1993 (Annexure -C) by earmarking the required posts for the HAP Arabic College, from the total 463 posts sanctioned by the Government through the notification 30.3.1993.