Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Ors on 10 May, 2022
Page No.# 1/4
GAHC010004582012
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1785/2012
KARIMGANJ DISTRICT ANUSUCHIT JATI PARISAHD and 11 ORS.
-
2: TAPAN KUMAR DAS
3: RANJIT DAS
4: SAJAL KANTI DAS
5: PROMETHA BHUSAN SARKAR
6: NARENDRA CHANDRA DAS
7: SUOHANYA CHOUDHURY
8: SATYA RANJAN DAS
9: DASHARATH DAS
10: SEFALI DAS
11: SUBRATA CHANDRA DAS
12: SAMHITA DAS
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ALL ARE REP. THROUGH THEIR ASSOCIATION OF VILL. and P.O.-
BARUALA
DIST.- KARIMGANJ
ASSAM
VERSUS
THE STATE OF ASSAM and ORS.
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI, ASSAM.
2:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY- 19.
3:THE DY. INSPECTOR OF SCHOOLS
KARIMGANJ
DIST.- KARIMGANJ
ASSAM.
4:THE DIST. ELEMENTARY EDUCATION OFFICER
KARIMGANJ
ASSAM
Advocate for the Petitioner : MR.I ALAM
Advocate for the Respondent :
BEFORE
HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT & ORDER (ORAL)
Date : 10-05-2022
Heard Mr. A Deka, learned counsel for the petitioner. Also heard Mr. P K Borah, learned
counsel for the respondents in the Elementary Education Department of Government of
Assam.
2. The petitioner herein is the Karimganj District Anushuchit Jati Parishad and for the
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purpose of this writ petition are represented by 11 (eleven) of their members.
3. The grievance raised is that in the year 1992 a scheme was adopted by the WPT & BC
Department to provide for an amount of Rs.10,34,000/- (Rupees Ten Lakh Thirty Four
Thousand) to be distributed for payment of stipend to 94 numbers of stipendiary teachers
who belongs to the Scheduled Caste (SC) category. There was an earlier writ petition being
Civil Rule 1221/1993 wherein an order dated 13.11.1996 was passed that the said amount be
not distributed for any other purposes other than the purpose for the development of the
teachers/stipendiary teachers belonging to the SC and ST category.
4. In the circumstances, the grievance of the petitioner is that although the said amount
was distributed amongst 94 (ninety four) teachers/stipendiary teachers but out of 94 (ninety
four) only 10 (ten) belongs to the SC category whereas 84 (eighty four) did not belong to the
SC category.
5. Prima facie, we are of the view that if the amount of Rs.10,34,000/- was specifically
earmarked for providing stipend to 94 numbers of stipendiary teachers who belongs to the SC
category, the said amount could have been distributed only for the purpose of paying stipend
to the stipendiary teachers belonging to the SC category. If the amount was earmarked for
distributing amongst teachers/stipendiary teachers or not other persons not belonging to the
SC category, the disbursement made to persons belonging to other categories would be a
violation of the conditions for which the aforesaid amount was provided for.
6. We had adjourned the matter on repeated occasions to enable the petitioners to provide
the information as to who amongst the 94 persons who were the beneficiaries of the
aforesaid amount do not belong to the SC category. Inspite of such opportunities being given,
the petitioner association could not provide the said information to the Court.
7. In the circumstance, we have no other option but to close this writ petition requiring the
respondents in the WPT & BC Department to provide the petitioner association with a list of
persons who were the beneficiaries of the amount of Rs.10,34,000/- which was earmarked
for the persons belonging to the SC category. Once the list is made available, the petitioner
may examine it for themselves and if they find that any such person do not belong to the
SC/ST category were also the beneficiaries, appropriate representation be made to the WPT
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& BC Department to the Government of Assam for paying the proportionate amount to any
stipendiary teachers belonging to the SC category of the Karimganj district who otherwise
would have been the beneficiaries of the said amount.
8. In doing so, the respondents, if so advised, may also initiate appropriate proceeding to
recover the amount from any such persons to whom it was wrongly provided, if otherwise,
the same would be permissible in law.
9. Writ petition stands closed by providing as indicated above.
JUDGE
Comparing Assistant
