Gauhati High Court
Page No.# 1/9 vs The State Of Assam And Anr on 28 February, 2022
Page No.# 1/9
GAHC010035922022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1364/2022
DHENURAM KAMAN AND 20 ORS.
C/O.-MONAM KAMAN,
VILL.- HATIYAMARA KAMAN CHAPORI,
P/O.- BOGUM,
P/S.- GILIMARA,
PIN.-787055
2: GITA SENAPATI
C/O.- RAJU MAHANTA
VILL.- DAKKHIN KULABAL
P/O.- UTTAR KULABAL
PIN.-787001.
DIST.- LAKHIMPUR
ASSAM.
3: NIRUPAMA PAYENG GAM
C/O.- NANDA PEGU
VILL.- LATAK GAON
P/O.- GOGAMUKH
PIN.-787034.
DIST.- DEHMAJI
ASSAM.
4: AMIYA SONOWAL
C/O.- SUREN SONOWAL
VILL.- BORBILA BHEBELI
Page No.# 2/9
P/O.- GOGAMUKH
PIN.-787023.
DIST.- DEHMAJI
ASSAM
5: CHANDRAWATI PAIT
C/O.- REBO KUMBAN
VILL.- RATANPUR
P/O.- DHEMAJI
PIN.-787057.
6: MITALI PATIR
C/O.- PANJA PATIR
VILL.- BOGUM
P/S.- GILIMARA
PIN.-787005.
DIST.- LAKHIMPUR
ASSAM.
7: ABIDA KHANAM
C/O.- SUAL AHMED CHOUDHURY
VILL.- BIPIN PAUL ROAD
P/O.- KARIMGANJ
PIN.-788701.
8: JOYA DEORI
C/O.- GOPAL CH. DEORI
VILL.- BAMCHANIA
P/O.- KADAMGURI
P/S- GOGAMUKH
PIN.-787034.
DIST.- DEHMAJI
ASSAM
Page No.# 3/9
9: BHUMIDHAR BARUAH
C/O.- RABIRAM BARUAH
VILL.- DHOPABAR
P/O.- MSILBSAXAR
PIN.-784270.
DIST.- BISWANATH
ASSAM.
10: PRODIP GOYARI
C/O.- SABHARAM GOYARI
VILL.- DELHOUSHI CHATARANG GURI
P/O.- GOHPUR
PIN.-784168.
DIST.- BISWANATH
ASSAM.
11: DOLIMI GOYARY
C/O.- SOBHARAM GOYARY
VILL.- DHONPUR
P/O.- ALUPARA
PIN.-784178.
DIST.- BISWANATH
ASSAM.
12: MUKTINATH NARAH
C/O.- GOJEN NARAH
VILL.- MADHYA BIJOYPUR
P/O.- JUNE KARENG
PIN.-787060
DIST.- DHEMAJI
ASSAM
13: DIGANTA PEGU
C/O.- RAJESH PEGU
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VILL.- BHANGLDIA
P/O.- DEGHALI DEBERA
PIN.-787058.
DIST.- DHEMAJI
ASSAM.
14: NIVA RANI KULI
C/O.- HAREN KULI
VILL.- SILABORGULI
P/O.- SELAPATHAR
PIN.-787059.
DIST.- DHEMAJI
ASSAM.
15: MOTILAL PAIT
C/O.- JUGESH PAIT
VILL.- AMKOKHI PAIT
P/O.- DIPOLI GURI
PIN.-786110.
DIST.- DHEMAJI
ASSAM.
16: SANJIV HANDIQUE
C/O.- BHRAM HANDIQUE
VILL.- DEOGHARIA GAON
P/O.- BENGENAGARH
PIN.-787057.
DIST.- DHEMAJI
ASSAM.
17: JINA CHETIA
C/O.- BHABANANDA BORGOHAIN
VILL.- DEOGHARIA GAON
P/O.- BENGENIA GAON
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PIN.-787057.
DIST.- DHEMAJI
ASSAM.
18: MENAKHI CHUTIA
C/O.- DHANANJAY CHUTIA
VILL.- GELUA KENDUGURI
P/O.- SILAPATHAR
PIN.-787059.
DIST.- DHEMAJI
ASSAM.
19: KANAKLATA DOLEY PAIT
C/O-KAMALA KANTA DOLEY
VILL.- AMKOKHI PAIT
PO.-PIPOLE GURI
PIN.-786110
DIST.- DHEMAJI
ASSAM.
20: DURGESWARI PAIT
C/O.- KANAK CHANDRA PAIET
VILL.-BHEREKI CHARAIPARA
PO.- BORKUNG
PIN.-787057
DIST.- DHEMAJI
ASSAM.
21: KANAKLATA CHUTIA
C/O.- JAGAT CHUTIA
VILL.- MORIDHAL KHAJUA
P/O.- MORIDHAL
PIN.-787057.
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DIST.- DHEMAJI
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT (SECONDARY),
SACHIVALAYA, DISPUR, GUWAHATI-781006, ASSAM.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
28.02.2022
Heard Mr. R Ali, learned counsel for the petitioners. Also heard Mr. SMT
Chistie, learned counsel for the respondents in the Secondary Education
Department, 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
the venture institution.
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3. According to the petitioners, there was a re-organization 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
provincialised 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 at least 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 favour 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
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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
petitioners would like to raise in their representation.
9. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
