Smt. Mridula Konwar Hazarika vs The Director Of Secondary ...
2022 Latest Caselaw 1624 Gua

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GAHC010090612022




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

                         Case No. : WP(C)/3111/2022

         SMT. MRIDULA KONWAR HAZARIKA
         W/O- HAMILTON HAZARIKA
         R/O- PANITOLA, NAHAT PATHAR
         P.O- PANITOLA
         DIST- TINSUKIA, ASSAM
         PIN-786183



         VERSUS

         THE DIRECTOR OF SECONDARY EDUCATION ASSAM AND 3 ORS.
         ASSAM, KAHILIPARA, GUWAHATI, ASSAM, PIN-781019

         2:THE MONTFORT SCHOOL
          CHABUA
          DIBRUGARH
         ASSAM
          PIN-786184

         3:THE CHAIRMAN
          SCHOOL MANAGING COMMITTEE
         MONTFORT SCHOOL
          CHABUA
          DIBRUGARH
         ASSAM
          PIN-786184

         4:THE SECRETARY AND PRINCIPAL
          MONTFORT SCHOOL
          CHABUA
          DIBRUGARH
         ASSAM
          PIN-78618
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Advocate for the Petitioner   : MR S BORTHAKUR

Advocate for the Respondent : SC, SEC. EDU.




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                       O R D E R

13.05.2022

Heard Mr. S Borthakur, learned counsel for the petitioner and Mr. SMT Chisti, learned counsel for the respondent No. 1.

2. Issue notice returnable in six weeks. Extra copies of the writ petition be furnished to the learned counsel within three days.

3. Petitioner to take steps for service of notice on the respondents No. 2, 3 and 4 by registered post with A/D cards within three days.

4. The petitioner is a teacher in the Montfort High School, Chabua in the Dibrugarh district. It is an admitted position of the petitioner that the Montfort High School, Chabua is a privately managed high school and is governed by the provisions of Assam Non-Government Educational Institution (Regulation and Management) Act, 2006 (in short Act of 2006). The petitioner is aggrieved by the communication dated 04.04.2022 of the Secretary and Principal, Montfort High School, Chabua by which the petitioner was informed that the school authorities had noticed that during the annual examination of 2021-22, certain irregularities were committed by the petitioner. Accordingly, by the said communication, the school authorities provided that seeing the pattern of carelessness in the work culture of the petitioner and the attitude in spite of repeated reminders both verbal and writing and the three show cause notices Page No.# 3/4

issued earlier, the petitioner was informed that she is not the right person to continue as a teacher in the school. It is stated that although references were made to three show cause notices issued to the petitioner earlier, but the said show cause notices pertain not to the allegations referred in the order of discontinuing the service of the petitioner, but related to some other incidents.

5. Apparently, on a reading of the allegations referred in the show cause notice, prima facie, it is not discernible that any kind of reasonable opportunity of being heard was given to the petitioner before the impugned communication expressing discontinuance of the service of the petitioner was served on the petitioner. If the respondent institute is governed by the Act of 2006, the provisions of Section 15(2) thereof would also be applicable and the statutory provision provides for providing a reasonable opportunity of being heard before an employee of a non-Governmental Educational Institution can be dismissed, removed or reduced in rank. Prima facie it appears that there was an aberration of the requirement of Section 15(2) of the Act of 2006.

6. Objection is raised by Mr. SMT Chisti, learned counsel for the respondent No. 1 that the petitioner institute being a private institute, the dispute raised herein is to be made before the Educational Tribunals constituted for the purpose and the writ Court will not have the jurisdiction over the matter.

7. However, Mr. S Borthakur, learned counsel for the petitioner refers to an earlier order of this Court dated 04.03.2022 in WP(C) No. 1535/2022 wherein by referring to the pronouncement of the Supreme Court in paragraph 15 of its judgment in Marwarii Balika Vidyalaya Vs. Asha Srivastava and Others, reported in (2020) 14 SCC 449 and ramesh Ahluwalia Vs. State of Punjab and Ors. reported in (2012) 12 SCC 331, and states that it had been held by the Supreme Court that a writ petition under Article 226 of the Constitution of India would Page No.# 4/4

also be maintainable against a private un-aided educational institution. In the said order, it was also taken note of that it would be more so if the procedure adopted by a private institute is in violation of the statutory requirement of the Act of 2006.

8. Considering the prima facie case being made out, the balance of convenience as well as the irreparable loss that the petitioner may suffer, in the interim, it is provided that the communication impugned dated 04.04.2022 of the Secretary and Principal of Montfort High School, Chabua shall remain stayed until further orders.

List the matter after six weeks.

JUDGE

Comparing Assistant