Page No.# 1/9 vs The State Of Assam And 8 Ors
2021 Latest Caselaw 1904 Gua

                                                                 Page No.# 1/9

GAHC010118832021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/3905/2021

         RANJIT DEWAN AND 26 ORS.
         S/O RAHIJUDDIN DEWAN, R/O VILL-GARIA CHATALA, P.O.-CHATALA, VIA-
         RAMPUR, P.S.-SARTHEBARI, DIST-BARPETA, PIN-781312

         2: JAYNAL ABDIN
          S/O HUTU MIAH
          R/O VILL RANGIA GAON
          P.O.-R.B. HAT
          P.S.-SARTHEBARI
          DIST-BARPETA
          PIN-781311

         3: MAMTAZ JAHAN
          C/O MAINUDDIN
          R/O VILL-BANBAHAR
          P.O.-KAYAKUCHI
          P.S.-BARPETA
          DIST-BARPETA
          PIN-781312

         4: WOHAB DEWAN
          S/O GANAK PARA
          R/O VILL-GANAK PARA
          P.O.-MATRIKUCHI
          P.S.-TARABARI
          DIST-BARPETA
          PIN-781305

         5: SHAJAHAN ALI AHMED
          S/O OSMAN ALI AHMED
          R/O VILL-BARIBARI PART-IV
          P.O.-GERAMARI
          P.S.-GAURIPUR
          DIST-DHUBRI
         ASSAM
                                    Page No.# 2/9

PIN-783339

6: ABUL KALAM AZAD
 S/O FOYEZUDDIN MONDAL
 R/O VILL- SAGUNMARI PART (3)
 P.O. AND P.S.-KADAMTOLA
 DIST- DHUBRI
ASSAM
 PIN-783348

7: ABDUS SOBAHAN
 S/O KHOSHMAMUD ALI
 R/O VILL-AMBARI BHUYAN PARA H/S
 P.S.-FAKIRAGANJ
 P.O.-BARKALIASHERSHOW
 DIST-DHUBRI
ASSAM

8: GAJI RAHMAN
 S/O SABED ALI MANDAL
 R/O VILL-RANGAMATI
 P.O.-RANGAMATI
 P.S.-GOHPUR
 DIST-DHUBRI
 PIN-783439

9: ABDUL WAHAB MIAH
 S/O LATE FAKIRCHAND ALI
 R/O VILL-MATIFATA
 P.O.-BORKALIA SERSHOW
 P.S.-SOUTH SALMARA
 DIST-DHUBRI
 PIN-783127

10: MD. IDDRIS ALI
 S/O LATE SARBAT ALI
 R/O VILL-BORKALIA SURAJAMONI
 P.O.-RAVATARY
 P.S.-SOUTH SALMARA
 DIST-DHUBRI
 PIN-783127

11: HAZRAT ALI
 S/O LATE INNECH ALI
 R/O VILL- PASUAR KHAL PART-II
 P.O.-BARKANDU
 P.S.-BILASIPARA
 DIST-DHUBRI
                                     Page No.# 3/9

PIN-783348

12: ABDUL MAZEED MIAH
 S/O MOHAMMED ALI MIA
 R/O VILL-KUKILADANGA
 P.O.-KAMANDANGA
 P.S.-TAMARHAT
 DIST-DHUBRI
 PIN-783332

13: ABDUL WAZEED
 S/O KURPAN ALI
 R/O VILL-BIRSHING PT-II
 P.O. AND P.S.-FOKRIGANJ
 DIST-DHUBRI
 PIN-783330

14: ABUWAL MAZID SHEIKH
 S/O JOHOR UDDIN SHEIKH
 R/O VILL-GUTIPARA PT-III
 P.O.-GUTIPARA
 P.S.-BILASHIPARA
 DIST-DHUBRI
 PIN-783349

15: HAZRAT ALI SARKAR
 S/O HARAN ALI SARKAR
 R/O VILL-DALSHINGHER ALGA PART I
 P.O.-ASHARI KANDI
 P.S.-GOURIPUR
 DIST-DHUBRI
 PIN-783331

16: NURMAHAMMAD SHEIKH
 S/O ISAHOQUE SHEIKH
 R/O VILL- KAIMARI
 P.O.-KAIMARI
 P.S.-GOLAKGANJ
 DIST- DHUBRI
 PIN-783335

17: ABDUL KADDUS
 S/O TOMSER ALI
 R/O VILL-KUSHBARI PART-II
 P.O.-KUSHBARI
 P.S.-MERERCHAR
 DIST-BONGAIGAON
 PIN-783384
                               Page No.# 4/9


18: ROFIQUL ISLAM KHAN
 S/O ANOWAR HUSSAIN KHAN
 R/O VILL-CHAKLA PART-I
 P.O.-CHAKLA
 P.S.-ABHAYAPURI
 DIST-BONGAIGAON
 PIN-783392

19: ABDUL HALIM KHAN
 S/O ABU TAHER KHAN
 R/O VILL-NUMBERPARA PART I
 P.O.-NUMBERPARA
 P.S.-BONGAIGAON
 DIST-BONGAIGAON
 PIN-783392

20: ABDUS SALAM AZAD
 S/O RUSTOM ALI
 R/O VILL- SHALMARI
 P.O.-CHAKLA
 P.S. AND DIST- BONGAIGAON
 PIN-783312

21: ASAN ALI AHMED
 S/O BABUR ALI
 R/O VILL-SONTOSHPUR PART I
 P.O.-SONTOSHPUR
 P.S.-MEREECHAR
 DIST-BONGAIGAON
 PIN-783384

22: ABDUS SATTAR
 S/O MOZIBAR RAHMAN
 R/O VILL-BHATNAPAITY CHAR
 P.O.-BAGHMARACHAR
 P.S.-ALOPATI CHAR
 DIST-BARPETA
ASSAM
 PIN-781127

23: MOHAR ALI AHMED
 S/O MD. CHANDU MIA
 R/O VILL-SELOSUTI
 P.O.-MAHTOLI
 P.S.-BOKO
 DIST-KAMRUP(R)
ASSAM
                                                    Page No.# 5/9

PIN-781136

24: JOYBHANU AHMED
W/O ABBAS ALI AHMED
 R/O VILL NO. 3 MALIBARI PATHER
 P.O.-MALIBANI PATHER BAZAR
 P.S.-BOKO
 DIST- KAMRUP(R)
 PIN-781136

25: MD. SHOMEZ UDDIN
 S/O TAHUR UDDIN
VILL-KALATOLI PATHER
 P.O.-KALATOLI
 P.S.-CHAYYGAON
 DIST-KAMRUP(R)
 PIN-781136

26: ABDUS SATTAR
 S/O CHAN MIYA
 R/O VILL- SARU ARIKATI
 P.O.-MAHATOLI
 P.S.-BOKO
 DIST- KAMRUP(R)
 PIN-781136

27: HATEM ALI AHMED
 S/O ABDUL SATTAR
 R/O VILL-BIHAPARA
 P.O.-HATIPARA
 P.S.-CHAYGAON
 DIST-KAMRUP
ASSAM
 PIN-78114

VERSUS

THE STATE OF ASSAM AND 8 ORS.
REPRESENTED BY ITS COMMISSIONER AND SECRETARY EDUCATION
DEPARTMENT (SECONDARY) TO THE GOVERNMENT OF ASSAM, DISPUR-
06

2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
 SECONDARY EDUCATION DEPARTMENT
TO THE GOVERNMENT OF ASSAM
 DISPUR-06

3:THE DIRECTOR SECONDARY EDUCATION ASSAM
                                                                    Page No.# 6/9

           KAHILIPARA
           GUWAHATI-19

          4:THE JOINT DIRECTOR SECONDARY EDUCATION ASSAM
           KAHILIPARA
           GUWAHATI-19

          5:THE INSPECTOR OF SCHOOLS
           BARPETA
           DIST-BARPETA
          ASSAM
           PIN-781314

          6:THE INSPECTOR OF SCHOOLS
           KAMRUP
           DIST-KAMRUP
          ASSAM
           PIN-781031

          7:THE INSPECTOR OF SCHOOLS
           GOALPARA
           DIST-GOALPARA
          ASSAM
           PIN-781325

          8:THE INSPECTOR OF SCHOOLS
           BONGAIGAON
           DIST-BONGAIGAON
          ASSAM
           PIN-783380

            9:THE INSPECTOR OF SCHOOLS
             DHUBRI
             DIST-DHUBRI
            ASSAM
             PIN-78330
Advocate for the Petitioner : MR N N UPADHYAYA
Advocate for the Respondent : SC, SEC. EDU.

                               BEFORE
          HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                   O R D E R

19.08.2021

Heard Mr. R Dhar, learned counsel for the petitioners and Mr. SMT Chisti, Page No.# 7/9

learned counsel for the respondents.

2. Mr. SMT Chisti, learned counsel for the respondents raises a preliminary objection that a joint writ petition in respect of 27 writ petitioners would not be maintainable in the premises that the Court would have to examine the individual legal rights of the 27 writ petitioners and only thereafter an adjudication can be made.

3. In principle we accept the said objection raised by Mr. SMT Chisti and are also of the view that the causes of action of multiple petitioners in a writ petition which is directly relatable to their respective legal rights requiring a determination of their respective legal rights, where individual judgments are to be passed, the same would definitely be not through a joint petition. But while accepting the said objection raised by Mr. SMT Chisti, learned counsel for the respondents, we also take note of that this writ petition is instituted with the following prayers:-

a) Directing the respondent authorities to release the financial benefits to the petitioner.

b) Directing the respondent authorities to consider Provincialisation of their services as they were earlier shown to be legible for Provincialisation by the respondents, since the 2011 Act has been strucked down as unconstitutional the petitioner prays for a direction to the respondents to consider their cases for provincialisation as per Assam Education (Provincialisation) of Services of Teachers and Re-organization of Educational Institutions Act, 2017 and upon cause or causes being shown and after hearing the parties make the Rule absolute

4. The first prayer is for a direction to the respondent authorities to release the financial benefits to the petitioners. It is stated that the petitioners were teachers in their respective venture educational institutions and during their Page No.# 8/9

tenure as teachers in the venture educational institutions, they were entitled for some financial benefits as were given to all such teachers.

5. If the financial benefits were paid across the board to all such venture educational institution teachers, definitely the petitioners would also be entitled for such financial benefits and any deprivation of the same can be construed to be a common cause of action.

6. The second prayer is that the petitioners were eligible for being considered for provincialisation even under the Assam Venture Education Institutions (Provincialisation of Services) Act, 2011 (in short Act of 2011). But before the same could be done, the Act of 2011 itself was struck down. Accordingly, the petitioners claim that now they have a right to be considered for provincialisation under the Assam Education (Provincialisation of Services of Teachers & Re-organization of Educational Institutions) Act, 2017 (in short Act of 2017).

7. The said relief claimed for also does not require an individual adjudication of the legal right inasmuch as, a teacher of a venture educational institutions otherwise would be entitled for consideration for provincialisation by following the procedure laid down in the Act itself. For the purpose of consideration, the Act does not prima-facie distinguish as to who would be considered or who would not be considered and under the scheme of the Act, it is the District Level Scrutiny Committee who upon being forwarded with the service particulars would take a decision on the entitlement for regularization.

8. From such point of view, even the second prayer made in the writ petition can be attended to in a generalized manner without determining the individual rights of the writ petitioners.

Page No.# 9/9

9. Accordingly, this writ petition is disposed of by requiring the writ petitioners to file individual representations before the Director of Secondary Education, Assam firstly claiming that they are entitled for some financial benefits during their tenure as a teacher in the venture educational institutions and secondly that they are entitled for being considered for provincialisation under the Act of 2017.

10. Upon the representations being submitted, the Director shall pass separate reasoned orders thereof. If the claims of the writ petitioners do justify payment of any financial benefits, the Director may pass orders accordingly or if the Director finds that there are no such legal rights to receive the financial benefits as claimed, the Director may reject it with proper reason. Similarly, the Director would also examine the respective claims of the petitioners whether they are entitled to at least for a consideration for provincialisation under the Act of 2017. If the Director arrives at a conclusion that they have a right for consideration, necessary orders may be passed by the Director requiring the Headmaster of the concerned schools to forward the service particulars of the respective petitioners to the respective District Scrutiny Committees of the relevant districts.

11. The requirement of passing a reasoned order by the Director be done within two months from the date of receipt of a certified copy of this order.

The writ petition is disposed of in the above terms.

JUDGE

Comparing Assistant