Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 4 Ors on 1 June, 2022
Page No.# 1/7
GAHC010176012020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5641/2020
KAMAL CH DAS AND 4 ORS
S/O SRI MAHESWAR DAS,
RESIDENT OF VILLAGE BHANUKUCHI, PO GUWAKUCHI, DIST NALBARI,
ASSAM
2: BIRAJ KALITA
S/O SRI MANESWAR KALITA
RESIDENT OF VILLAGE SAPLEKUCHI
PO KENDUKUCHI
DIST NALBARI
ASSAM
3: JITUMONI BARMAN
S/O SRI SURENDRA BARMAN
RESIDENT OF VILLAGE AND PO MUGDI
DIST NALBARI
ASSAM
4: HEMCHANDRA DAS
S/O LATE PARIKSHIT DAS
RESIDENT OF VILLAGE NO. 1
NATHKUCHI
PO NATHKUCHI
DIST NALBARI
ASSAM
5: SACHIN TALUKDAR
S/O ATUL TALUKDAR
Page No.# 2/7
RESIDENT OF VILLAGE BARGAON
PO TIHU
DIST NALBARI
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR
GUWAHATI 6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
NALBARI
NALBARI
ASSAM
4:THE DEPUTY INSPECTOR OF SCHOOLS
NALBARI
NALBARI
ASSAM
5:THE DEPUTY COMMISSIONER
NALBARI
PO
PS AND DIST NALBARI
ASSA
Advocate for the Petitioner :
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/5627/2020
PULAK MAZUMDAR AND 4 ORS
Page No.# 3/7
S/O- LT. ARUN CHANDRA MAZUMDAR
R/O- VILL- AND P.O. NIZ NAMATI
DIST.- NALBARI
ASSAM
2: LOHIT CH. DAS @ LOHIT DAS
S/O- LT. BAIKUNTHA DAS
R/O- VILL AND P.O. TERECHIA
DIST.- NALBARI
ASSAM
3: NILAKANTA MEDHI
S/O- LT. BHUBANESWAR MEDHI
R/O- VILL- KACHUA
P.O. KACHUA PATHAR
DIST.- NALBARI
ASSAM
4: PRAKASH KAKATI
S/O- MADHURAM KAKATI
R/O- VILL- JOWARDI
P.O. KAITHALKUCHI
DIST.- NALBARI
ASSAM
5: PARAMANANDA DEKA
S/O- LT. SATALU DEKA
R/O- VILL- KENDUKUCHI
P.O. BARKHANAJAN
DIST.- NALBARI
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPTT.
DISPUR
GHY-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
NALBARI
P.O.
P.S. AND DIST.- NALBARI
ASSAM
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4:THE DY. INSPECTOR OF SCHOOLS
NALBARI
P.O.
P.S. AND DIST.- NALBARI
ASSAM
5:THE DY. COMMISSIONER
NALBARI
P.O.
P.S. AND DIST.- NALBARI
ASSAM
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 01.06.2022
It has been taken note that the present petitioners were initially appointed
in the year 2001 and subsequently, the appointment orders were cancelled on a
purported premises that more numbers of candidates were appointed than what
was permissible. In the circumstance, all the appointments of the appointees
were cancelled in respect of Nalbari district.
2. Raising the said issue, WP(C)/6469/2001 and other writ petitions were
instituted resulting in the judgment dated 04.12.2001 wherein in paragraph 14 it
was provided as extracted:
"14. In view of what is stated above, this Court considers that it would be
appropriate to dispose of the Writ Petitions with a direction to the State Government
to initiate an enquiry forthwith to be completed within 15 th January 2002 in order to
determine the genuineness of the Select lists referred to above and identify the
candidates who were genuinely selected and allow them to join their respective
schools as per the appointment letters issued earlier and cancelled by the impugned
orders."
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3. A reading of the extracted portion of the judgment dated 04.12.2001
makes it discernable that there was a requirement of the respondent authorities
to make an enquiry and find out which appointees were genuine and upon such
determination to allow the genuine appointees to join their respective schools as
per the earlier appointment orders. After several layers of events that had taken
place, as per the earlier requirement of the Court to make an enquiry to find the
genuine appointees, a committee was constituted as per the notification dated
08.02.2016 to examine the matter. The report of the committee indicates that
the records pertaining to the selection was available and the genuine appointees
can be identified from such records. But the same was not acceptable to certain
officials in the Department.
4. In the resultant situation, WP(C)/2651/2017 was instituted. While the said
writ petition was being heard, an apprehension was raised about the genuinity
of the records that were available and in the circumstance, by the order dated
18.05.2018 the records ordered to be placed before the Directorate of Forensic
Science, Kahilipara, Assam for its view on the genuinity of the records.
Accordingly, the Director of Forensic Science Laboratory gave its opinion dated
24.09.2018 and as per the opinion, some of the genuine candidates can be
identified and amongst them, the names of the petitioners were also included.
WP(C)/2651/2017 was given its final consideration as per the order dated
19.09.2019 wherein in paragraph 11, it was provided that the report of the
committee constituted by the notification dated 08.02.2016 be published and
thereafter, in terms of such report, the direction of this Court dated 04.12.2001
in WP(C)/6461/2001 be complied with and the needful be done.
5. As already noticed, the direction of this Court in the order dated
04.12.2001 in WP(C)/6861/2001 is to determine the genuinity and thereafter,
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allow the genuine appointees to continue in their service. The order dated
19.09.2019 in WP(C)/2651/2017 would have to be understood accordingly.
6. By requiring the report of the Committee constituted by the notification
dated 08.02.2016 to be published, we also have to accept that the subsequent
opinion rendered by the Directorate of Forensic Science Laboratory, dated
24.09.2018, would have to be construed to be a continuation of such report
inasmuch as after the said report, the departmental authorities had again raised
a question on the genuinity of the select list available and as per the order of
the Court dated 18.05.2018 that question had been referred by the Directorate
of Forensic Science Laboratory, Assam and consequently, the opinion dated
24.09.2018 had been rendered. In other words, a conjoint reading of the report
pursuant to the notification dated 08.02.2016 and the opinion of the Directorate
of Forensic Science Laboratory, Assam dated 24.09.2018 would go to show that
the genuine candidates have been identified and thereafter what further
remains is to comply with the requirement of the earlier order dated 04.12.2001
in WP(C)/6461/2001 requiring the genuine candidates to continue with their
service.
7. But the Commissioner and Secretary to the Government of Assam in the
Elementary Education Department by the order dated 10.06.2020 had taken a
contrary view firstly stating that it is difficult to ascertain the 280 genuine
candidates, secondly, the appointment orders were also cancelled on 16.07.2001
and thirdly, the Commissioner and Secretary gets wiser in the meantime and
bring in the element that in the meantime the Right to Education Act, 2009 had
been incorporated and therefore, the academic qualification of the petitioners
for appointment would now be questionable.
8. Mr. R Mazumdar, learned counsel for the department at this stage prays for
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an adjournment to examine the aspect.
9. List after two weeks, as prayed for.
JUDGE
Comparing Assistant
