Shantanu Kumar Das vs The State Of Assam And 4 Ors
2023 Latest Caselaw 3492 Gua

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GAHC010180572022




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

                           Case No. : WP(C)/5914/2022

         SHANTANU KUMAR DAS
         S/O- LATE SUKUMAR DAS,
         R/O-A. C SEN ROAD
         P.O, P.S AND DISTRICT - KARIMGANJ , ASSAM, PIN-788710



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMMISSIONER AND SECRETARY. TO THE GOVT. OF ASSAM,
         EDUCATION DEPTARTMENT DISPUR, GHY-06

         2:THE DIRECTOR
          SECONDARY EDUCATION DEPTT.
          KAHILIPARA
          GHY-19

         3:THE INSPECTOR OF SCHOOLS
          KARIMGANJ DISTRICT CIRCLE

         P.O AND DIST-KARIMGANJ
         ASSAM

         PIN-788710

         4:DEBASHISH DAS
          EX PRINCIPAL
          BUDHAN H.S SCHOOL

         P.O- OLIVIA CHERRA

         P.S- RATABARI
          KARIMGANJ
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            DIST- KARIMGANJ
            ASSAM
            PIN-788737

            5:KRISHNA GOWALA
             I/C PRINCIPAL

            BUDHAN H.S SCHOOL

            P.O- OLIVIA CHERRA

            P.S- RATABARI
             KARIMGANJ

            DIST- KARIMGANJ
            ASSAM
            PIN-78873

Advocate for the Petitioner   : MS N SAIKIA

Advocate for the Respondent : SC, SEC. EDU.




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                         ORDER

Date : 31.08.2023

An issue has arisen as to whether a teacher who is originally a teacher in an M.E. school after the M.E. school gets amalgamated with a higher secondary school, would be considered to be a graduate teacher in the higher secondary school under Rule 12(3)(iv) of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018.

We also take note that by the judgment of the Division Bench of this Court in the case of Khagendra Das and Ors. Vs. State of Assam and Ors., reported in 2019 (1) GLT 583, Rule 12(3)(iv) had been read down to also include 17 years of teaching experience in any high school which may also be a part of a higher Page No.# 3/3

secondary school.

It is the submission of Mr. P.K. Roy, learned senior counsel for the respondent No. 5 that as per the scheme of amalgamation as per the O.M. dated 22.09.2016, upon being amalgamated, the teachers of the existing M.E. school shall be entitled to teach only in classes I to VIII and not beyond. Accordingly, it is the submission of Mr. P.K. Roy, learned senior counsel for the respondent No. 5 that the writ petitioner being originally a teacher of M.E. school prior to the amalgamation would now be entitled to only teach classes I to VIII and therefore, his teaching experience cannot be that of the teaching experience as a graduate teacher in any higher secondary school/which also includes the high school sections of the higher secondary school. Ms. N. Saikia, learned counsel for the petitioner states that on facts, the petitioner is also required to take classes in XI and XII and therefore the distinctions sought to be made by referring to the amalgamation scheme that a teacher of the M.E. school after amalgamation shall teach only classes I to VIII may not be applicable in the present case.

The respondents to produce the records of the school concerned regarding what nature of classes are being taken by the petitioner. List on 21.09.2023.

JUDGE

Comparing Assistant