DINESH CHANDRA ROY AND 13 ORS. v. THE STATE OF ASSAM AND 3 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-04. DINESH CHANDRA ROY AND 13 ORS. v. THE STATE OF ASSAM AND 3 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/6 GAHC010063772020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3962/2020 DINESH CHANDRA ROY AND 13 ORS. S/O. PRANKANTA ROY, P. O. DIMAKURI, VILL. KEDARGAON, DIST. DHUBRI, ASSAM, PIN-783331. 2: NUR ISLAM SK S/O. NABADDI SK VILL. KISMAT HASDAHA PT. IV DIST. DHUBRI ASSAM PIN-783334. 3: AFZALUR MANDAL S/O. HATEM ALI MONDOL VILL. CHARAIKHOLA P. O. BISONDAIPS GOLOKGANJ DIST. DHUBRI ASSAM. 4: MANZUR ALAM TALUKDAR S/O. ABDUL HAMID TALUKDAR P. O. AND P. S. GOLAKGANJ DIST. DHUBRI ASSAM PIN-783334. 5: SABITA BALA ROY C/O. SRI KHAGENDRA NATH ROY VILL. DEBOTTAR HASDAHA PART III P. O. KISMAT HASDAHA DIST. DHUBRI PIN-783334. Page No. # 2/6 6: GOLZAR ALI S/O. LT. NABAR ALI SK VILL. DEBATTAR HASDAHA PT VI P. O. DEBATTAR HASDAHA DIST. DHUBRI ASSAM PIN-783334. 7: HAFIZUR RAHMAN C/O. KASAM ALI VILL. TIAMARI DIST. DHUBRI ASSAM PIN-783331. 8: LUTFAR RAHMAN S/O. KD. ASMOTULLAH MUNSHI VILL. CHITALKATI P. O. ALAMGANJ GAURIPUR DIST.
DHUBRI ASSAM PIN-783331. 9: SAFIOR RAHMAN S/O. OSMAN ALI LAKHIMARI PT III GOLOKGANJ DIST. DHUBRI ASSAM PIN-783334. 10: HAFIZUR RAHMAN C/O. SAHAD ALI SARKAR VILL. BERBHANGI PT III P. O. DIMAKARI GOLAKGANJ DIST. DHUBRI ASSAM. 11: NAFISA SAROOWAT AKHTAR C/O. MUFTI BAZLUR RAHMAN VILL. SOUTH RAIPUR PT. I GOLOKGANJ DIST. DHUBRI PIN-783334. Page No. # 3/6 12: CHHALEMA KHATUN W/O. BAHARUL ISLAM VILL. BORBALACHAR P. O. MARAGADADHAR GOLOKGANJ DIST. DHUBRI ASSAM PIN-783335. 13: ABU TALIP AHMED S/O. AINUL HAQUE VILL. UTTAR MARUGADADHAR P. O. MARUGADADHAR GOLOKGANJ DIST. DHUBRI ASSAM. 14: ABDUL ALIM SK S/O. ABDUS SATTAR SK III WEST GAIKHOWA PT II P. O. DIMAKURI GOLOKGANJ DIST. DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPTT. , DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND B SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPTT. DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
4:THE BLOCK ELEMENTARY EDUCATION OFFICER DIST. DHUBRI-783301 Page No. # 4/6 Advocate for the Petitioner : MR. D BARUA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA ORDER Date : 04-12-2020 Heard Mr. D Barua, learned counsel for the petitioners. Also heard Mr. NJ Khataniar, learned counsel for the authorities in the Elementary Education Department, Government of Assam. 2. The petitioners herein are all working as Assistant Teachers in their respective schools, the details of which is provided in Annexure-A to the writ petition, which is extracted as below: “Names of teachers Names of School Date of joining 1. Shri Dinesh Chandra Roy Binowabhabe Kedar LP School 16. 02. 1997 2. Nur Islam Sk. Pub Kismat Hasdaha Nadaru Sk 30. 08. 2004 LP School 3. Afzalur Rahman Pestarchar (Charaikhola) LP School 03. 02. 2010 4. Manzur Alam Talukdar North Tokrerchara Hazipara LP School 29. 01. 2008 5. Smti. Sabita Bala Roy Bamunipar LP School 15. 01.
2007 6. Golzar Ali Hazi Aynuddin Sarkar Memorial LP 09. 10. 2003 School 7. Hafizur Rahman Rabindra Narayan Adhikari Memorial 28. 12. 2009 LP School Page No. # 5/6 8. Md. Lutfar Rahman Rahmatia Lalpahar LP School 30. 08. 2004 9. Safior Rahman Paschim Lakhimari LP School 11. 04. 1997 10. Hafizur Rahman Lokpriya LP School 05. 07. 2008 11. Nafisa Saroowat South Raipur Pt. I LP School 06. 02. 2004 Akhtar 12. Chhalema Khatun Lohajani Anusuchita Jatir LP School 02. 02. 2011 13. Abu Talip Ahmed Dakhin Barobalarchar LP School 09. 11. 2010 14. Abdul Alim Sk. Madhya Gaikhowa LP School 05. 07. 2008” 3. The petitioners claim that under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (for short, the Act of 2017) a legal right has accrued to them for a consideration for their services being provincialised in their respective schools.
The grievance raised in this writ petition is that inspite of such legal right having accrued to the petitioners, the respondent authorities are not doing the needful to process their claim for provincialisation of their services. The procedure for provincialisation of the services under the Act of 2017 is provided under Section 13 of the Act of 2017 where Section 13(6) provides that the District Scrutiny Committee shall first scrutinize and prepare a list of all Venture Educational Institutions within the district, which are eligible in terms of the provisions of this Act and shall thereafter proceed to scrutinize and verify the service records of all the serving teachers, who are eligible or would become eligible for being considered for provincialisation of their services.. 4.
A reading of Section 13(6) goes to show that once the schools concerned is included in the list of venture educational institutions which are to be considered, all the serving teachers of the schools who are eligible or would become eligible would be considered. In the instant case, it is stated that the schools concerned where the petitioners are serving are all enlisted to be venture educational institutions for whom provincialisation would be applicable. If it is so, we do not find any reason as to how the petitioners can be left out from the process. It is for the District Scrutiny Committee to examine whether the petitioners are eligible or they would be eligible in future, but such consideration would be mandatory on the part of the authorities. A reference is made to the Notification No. PMA. 375/2017/45 dated 12. 05. 2017 of the Commissioner and Secretary to the Government of Page No.
# 6/6 Assam in the Elementary Education Department requiring the respective Headmasters of the schools concerned to forward the list and the particulars of the teachers who are required to be given a consideration by the District Scrutiny Committee. 5. In the aforesaid circumstance, we direct the respective Headmasters of the schools concerned where the present petitioners are working to forward the names and particulars of the petitioners to the concerned District Scrutiny Committee for giving a consideration as to whether they are eligible for provincialisation or not. Upon such list being forwarded, the Committee shall give its consideration in its next sitting. 6. The Headmasters of the schools, in question, are directed to submit the list and particulars of the petitioners within a period of 15 days from the date of receipt of a certified copy of this order.
Although the respective Headmasters are not respondents in this writ petition, but this direction is specifically issued to the respective Headmasters to do the needful and the Deputy Inspector of Schools, Dhubri shall ensure that the respective Headmasters do comply with the requirement of this order. 7. Writ petition stands disposed of in the above terms. JUDGE Comparing Assistant
Source: Gauhati High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.