Page No.# 1/9 vs The State Of Assam And 2 Ors (F)
2022 Latest Caselaw 452 Gua

                                                               Page No.# 1/9

GAHC010227562021




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

                         Case No. : WP(C)/775/2022

         RANJITA GOSWAMI AND 38 ORS
         W/O NAVNEET BORTHAKUR, VLL. DRY FISH MARKET JAGIROAD, P.O.
         JAGIROAD, DIST. MORIGAON

         2: ANIL SENAPATI
          S/O- LAKHIRAM SENAPATI
         VILL-DHENUKHANA CHIRANG
         P.O-BATAMARI
         DIST-LAKHIMPUR

         3: DILIP TAID
          S/O- LATE.MAHENDRA TAID
         VILL-AYENGIA TAID
         P.O-AKAJAN
         DIST-DHEMAJI

         4: JOYKANTA MORANG
          S/O- LATE.DHANPUR MORANG
         VILL-AYENGIA BALI
         P.O-AKAJAN
         DIST-DHEMAJI

         5: DADA NANDA KALITA
          S/O- LATE.BHAGABAN KALITA
         VILL-KAWPATANI
         P.O-KAWPATANI
         DIST-DHEMAJI

         6: PARAG SAIKIA
          S/O- LATE.BUDHESWAR SAIKIA
         VILL-KAWPATANI
         P.O-RANGPURIA
         DIST-LAKHIMPUR
                              Page No.# 2/9

7: DIPAMONI SONOWAL
 D/O- SRI KOSHESWAR SAIKIA
VILL-KAWPATANI
P.O-KOUPATONI
DIST-DHEMAJI

8: MANIK DAS
 S/O- SASHIDHAR DAS
VILL-KATHALPUKHURI
P.O-SINGRA
DIST-LAKHIMPUR

9: PRASANTA DUTTA
 S/O- JAGAT CHANDRA DUTTA
VILL-GOPALPUR
P.O-SAGARPUR
DIST-LAKHIMPUR

10: RASHMI DEORI
 D/O- SRI HORI DAS DEORI
VILL-UDESHAPUR
P.O-RAIDINGIA
DIST-LAKHIMPUR

11: BISWA RATNA BORUAH
 S/O-AMULYA RATNA BARUAH
VILL-GARUMARIA GAON
P.O-NORTH LAKHIMPUR
DIST-NORTH LAKHIMPUR

12: ATUL SAIKIA
 S/O-LATE.MULAN SAIKIA
VILL-SANKARPUR
P.O-MADHUPUR
DIST-LAKHIMPUR

13: SULTAN MAHMUD
 S/O-LATE.MIZANUR RAHMAN
VILL-DHARMAPUR
P.O-GHUGUBARI
DIST-BARPETA

14: MOFIZUDDIN AHMED
 S/O-SUKUR ALI
VILL-SHOWPUR
P.O-SHOWPUR
DIST-BARPETA
                               Page No.# 3/9

15: SHAHJAHAN ALI
 S/O-NURHUSSAIN MALLAH
VILL-KALGACHIA
P.O-KALGACHIA
DIST-BARPETA

16: GOLAM HUSSIAN
 S/O-JAMER ALI
VILL-JOSHODOR PAM
P.O-GARARTARI
DIST-BARPETA

17: HABIBA KHATUN
 W/O-RUHUL AMIN
VILL-GARALI PAM
P.O-BONGHUGI
DIST-BARPETA

18: HABIBUR RAHMAN
 S/O-HAJRAT ALI
VILL-JANIA
P.O-JANIA
DIST-BARPETA

19: ABDUR ROUF
 S/O-HABEZ UDDIN
VILL-TEKLARBALA
P.O-PAHUMARA
DIST-BARPETA

20: MARJINA SHAH
 W/O-JUCHASH ALI AHMED
VILL-GOPALPUR
P.O-PAHUMARA
DIST-BARPETA

21: TIKEN CH. ROY
 S/O-LATE.GAJENDRA NATH ROY
VILL-PUBBARALA
P.O-GALIBANDHA
DIST-BARPETA

22: NUR NAHAR
 W/O-MUSLEM UDDIN AHMED
VILL-KAHIBARI
P.O-DHAKUA
DIST-BARPETA
                               Page No.# 4/9

23: NURUL ISLAM
 S/O-MOMIR UDDIN
VILL-SORIATPUR
P.O-SHOWPUR
DIST-BARPETA

24: MOJIRUDDIN AHMED
 S/O-SAHAJUDDIN AHMED
VILL-ABHAYAPUR
P.O-ABHAYAPUR
DIST-BONGAIGAON

25: RAHATUN NESSA
 W/O-MOYNAL HOQUE CHOUDHURY
VILL-KACHARIPETY PT -II
P.O-AMBARI
DIST-BONGAIGAON

26: SAMSUL HOQUE
 S/O-SAHJAHAN ALI
VILL-DHAKALIA PARA
P.O-DABALIA PARA
DIST-BARPETA

27: SADEQUE ALI
 S/O-SEONDAR ALI
VILL-TILAPARA
P.O-ABHAYAPURI
DIST-BONGAIGAON

28: AMAR ALI SHIKDER
 S/O-AZGAR ALI SHIKDER
VILL-FINGOWAPATHER
P.O-CHAPERBORI
PIN-781352
DIST-BARPETA

29: RAHIM ALI
 S/O-HAKIM ALI
VILL-RAJAKHAT
P.O-KANOBANA
PIN-781352
DIST-BARPETA

30: NURUL ISLAM
 S/O-ABDUL KHALEK
VILL-SHARIAT PUR
P.O-SHOWPUR
                             Page No.# 5/9

PIN-781319
DIST-BARPETA

31: TAZNUR ALI
 S/O-TABIBAR RAHMAN
VILL-KAYAKUCHI GAON
P.O-NALIGAON
PIN-781352
DIST-BARPETA

32: KHAN FAZUR RAHMAN
 S/O-SANOWAR KHAN
VILL-KAWAIMARI
P.O-GALIBANDHA
DIST-BARPETA

33: IBRAHIM ALI
 S/O-MOFIZUDDIN MONDAL
VILL-NO.1 KAWADI
P.O-SONAIKOLA
DIST-CHIRANG

34: JAYA DAS
 W/O-JADAB CHANDRA DAS
VILL-KHUTABARI
P.O-BAGDOBA
DIST-GOALPARA

35: MOTIOR RAHMAN
 S/O-HASANALI SARKAR
VILL-JOYBHUM
P.O-LAKHIPUR
DIST-GOALPARA

36: ROKIBUL ISLAM SHEIKH
 S/O-MD.BAHAZUDDIN SHEIKH
VILL-SALBARI
P.O-GAURNAGAR
DIST-GOALPARA

37: ZAIR UDDIN
 S/O-JAHURUL HOQUE
VILL-BALIKURI
P.O-BALIKURI
DIST-BARPETA

38: CHANDRAPRAVA SONOWAL
 C/O-HEMANTA KONWAR
                                                                      Page No.# 6/9

            VILL-AHUCHAUL GAON
            P.O-NORTH LAKHIMPUR
            DIST-LAKHIMPUR

            39: DEVAJANI DAS
             W/O-SRI PRADIP DAS
            VILL-BANHPARA
            P.O-BANHPARA
            DIST-LAKHIMPU

            VERSUS

            THE STATE OF ASSAM AND 2 ORS (F)
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            EDUCATION DEPTT. (SECONDARY) SACHIVALAYA DISPUR GUWAHATI-6,
            ASSAM

            2:THE PRINCIPAL SECRETARY
            TO THE GOVT. OF ASSAM
             EDUCATION DEPTT. (SECONDARY) SACHIVALAYA DISPUR GUWAHATI-6
            ASSAM

            3:THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA GUWAHATI-78101

Advocate for the Petitioner   : MS. P BORAH

Advocate for the Respondent : SC, SEC. EDU.




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                         ORDER

Date : 10/02/2022

Heard Ms. P. Borah, learned counsel for the petitioner. Also heard N.M. Sarma, learned counsel for the respondents in the Secondary Education Department of the Govt. of Assam.

2. The petitioners herein are Assistant Teachers in different High Schools in the State of Assam and they were appointed by the school managing committee from the year 1991 onwards, at a stage when the respective schools were at Page No.# 7/9

the venture institution.

3. According to the petitioners, there was a reorganization in the year 2011 to the extent that, contrary to what was provided earlier, Class-I to V was declared to be L.P. School and Class-VI to VIII was declared to be ME School.

4. In the year 2011, the Act namely, Assam Venture Educational. Institutions (Provincialisation of Services) Act, 2011 (in short Act of 2011) was enacted providing for provincialisation of the teachers of the venture educational institutions. The Act of 2011 provided for the number of teachers to be provincialised in a given school which again was dependent on the number of classes/sections that a given school may have. The petitioners raise a claim that had the reorganization of declaring Class-I to V to be L.P. School and Class-VI to VIII to be M.E. Schools have not been made as per the number of classes that the concerned schools may have had, there was a good possibility of the present petitioners to have been provincialised. But because of the reorganization that had taken place, the number of teachers that would have to be provincialsied underwent a change and because of such change the petitioners who otherwise would have been entitled for provincialisation have been left out.

5. Subsequently, by the judgment and order dated 23.09.2016 in WP(C) 3190/2012 the Act of 2011 was declared to be ultra vires. Upon the Act of 2011 been declared to be ultra vires, the subsequent Act namely Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 (in short Act of 2017) was enacted. It is the grievance of the petitioners that even under the Act of 2011, their cases were not considered for provincialisation.

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6. According to the petitioners as they were disadvantaged because of the reorganization that they had taken place in the year 2011, they have atleast a legal right for their cases to be considered for provincialisation under the Act of 2017.

7. We have noticed that the respondent authorities had not made any application of mind on the aforesaid issue raised by the petitioners nor any reasoned order is available on record on the said issue. In the circumstance, we are of the view that the interest of justice will be met on a joint representation being submitted by the writ petitioners raising the aforesaid claim before the Principal Secretary to the Govt. of Assam in the Secondary Education Department. Upon the representation being submitted, the Principal Secretary shall consider the materials on record and also the circumstance in which the petitioners have claimed to have been disadvantaged as because of the reorganization and upon considering the materials, if the Principal Secretary is of the view any legal right exists in faovur of the petitioners for provincialisation, appropriate orders be passed and to the contrary if no right is found to be in favour of the petitioners, a reasoned order be passed, and thereupon communicate it to the petitioners. For the purpose, two representatives of the petitioners may also be given an opportunity of hearing by the Principal Secretary so as to enable the petitioners to present their cases in the manner they would like to present. Along with the representation a copy of this petition be also submitted before the Principal Secretary.

8. The Principal Secretary accordingly is directed to pass a reasoned order within a period of three months from the date of submission of such representation by the petitioners. In doing so, shall take into account all the attending facts and circumstances as indicated above as well as what the Page No.# 9/9

petitioners would like to raise in their representation.

9. Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant