Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 6 Ors on 23 January, 2023
Page No.# 1/5
GAHC010059852022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2355/2022
NUPUR DAS AND ANR
S/O-LT. SUBAL DAS, R/O- SAPATGRAM LAXMI BHANDAR, WARD NO. 4,
P.O. AND P.S. SAPATGRAM, DIST. DHUBRI, ASSAM.
2: KANU SAHA
S/O- LT. BIJOY GOBINDA SAHA
R/O- SAPATGRAM LAXMI BHANDAR
WARD NO. 4
P.O. AND P.S. SAPATGRAM
DIST.- DHUBRI
ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF ELE.
EDUCATION, DISPUR, GHY.-06.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY.-19.
3:THE DY. COMMISSIONER
DHUBRI
P.O. AND DIST.- DHUBRI
ASSAM
PIN- 783101.
4:THE DIST. ELEMENTARY EDUCATION OFFICER
DHUBRI
P.O. AND DIST.- DHUBRI
ASSAM.
Page No.# 2/5
5:THE BLOCK ELEMENTARY EDUCATION OFFICER
BILASIPARA EDUCATION BLOCK
DIST.- DHUBRI
ASSAM
PIN-783301
6:SMT. ELA SAHA
ASSTT. TEACHER OF DR. N. SAHA SMRITI BIDYALAYA VLP SCHOOL
WARD NO. 4
P.O. SAPATGRAM
DIST.- DHUBRI
ASSAM. PIN-783337
7:DR. N SAHA SMRITI
VIDYALAYA VLP SCHOOL
WARD NO. 4
SAPATGRAM
DHUBRI
ASSAM.
REPRESENTED BY THE HEADMASTER OF THE SCHOOL
Advocate for the Petitioner : MR. S M SARMA
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
23-01-2023
Heard Mr. S. M. Sarma, learned counsel for the petitioners and Mr. SMT
Chistie, learned Standing Counsel, Department of School Education for the
respondent Nos. 1, 2, 4 and 5. Also heard Ms. D. Das Barman, learned
Government Advocate, Assam for the respondent No.3.
The contentions of the petitioners are that the Managing Committee of
Adhyapak Niranjan Saha Smriti Bidyalaya Venture L.P. School, Sapatgram, Ward
No.4 in the Bilasipara Education Block of District-Dhubri during its venture stage,
appointed them as its Assistant Teachers and as such, on their such
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appointment, they continued to serve in that School. The petitioners also stated
that the said School received financial assistance from the State Government in
the Elementary Education Department.
Petitioners stated that the respondent No.6 changed the name of said
Adhyapak Niranjan Saha Smriti Bidyalaya to Dr. N. Saha Smrity Bidyalaya and
showed the respondent No.6 to be the working teacher of the said School and
fraudulently obtained provincialisation of their services under the provisions of
the Assam Venture Educational Institutions (Provincialisation of Services) Act,
2011 amended in 2012 during its force, depriving the petitioners not only from
the provincialisation of their services, but also from the share of financial
assistance granted by the State Government in the Elementary Education
Department to said Adhyapak Niranjan Saha Smriti Bidyalaya.
This writ petition has been by the petitioners on 23.03.2022 praying
amongst others (i) to quash the order of provincialisation of said Dr. N. Saha
Smrity Bidyalaya, Sapatgram, Ward No.4 in the Bilasipara Education Block of
District Dhubri as a fake School, (ii) to quash the appointment of the respondent
No.6 as an Assistant Teacher of said Adhyapak Niranjan Saha Smriti Bidyalaya
Venture L.P. School, Sapatgram, Ward No.4 and further (iii) to regularize and
provincialise the services of the petitioners as Assistant Teachers of said
Adhyapak Niranjan Saha Smriti Bidyalaya Venture L.P. School, Sapatgram, Ward
No.4.
It is seen that the petitioners did not state as to when the Managing
Committee of said Adhyapak Niranjan Saha Smrity Bidyalaya Venture L.P. School
passed the resolution with regard to the appointment of the petitioners and also
did not annex the order of provincialisation of services of Headmaster as well as
respondent No.6 as Teachers of said Dr. N. Saha Smrity Bidyalaya Venture L.P.
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School, Sapatgram, Ward No.4 of Dhubri District.
It is to be noted herein that a Division Bench of this Court by judgment and
order dated 23.09.2016 passed in the case of Shri Chandan Kr. Neog & Ors. -Vs-
the State of Assam and Ors. (WP(C) No. 3190/2012) declared the said 2011 Act
as ultravires.
Pursuant to a Full Bench decision of this Court in the case of Abdul Gafur
Mandal and Anr. Vs State of Assam and Anr., reported in 2015 (2) GLT 337, the
State Government in the Education Department vide Notification under
No.ELC/WP(C) 2272/2013/403 dated 03.12.2015 as well as the Notification
under No. ELC/WP(C)2272/2013/403/196 dated 02.06.2016 have constituted
Education Tribunal in each of the districts of the State, presided by the District
Judge and Addl. District Judge of the concerned district, to adjudicate the
disputes of teaching and non-teaching staff as well as the disputes relating to
the claim for provincialisation of such Non Government Educational Institutions
in respect of teaching and non-teaching Venture Educational Institutions within
their respective territorial jurisdiction from the date of issuance of the said
Notifications, which was published in the Assam Gazette Extraordinary on
23.12.2015 in terms of the recommendation of this High Court.
The Assam Education (Provincialisation of Services of Teachers and Re-
organisation of Educational Institutions) Act, 2017, as amended in 2018 that
pertains to provincialisation of services of the teachers of the Venture
Educational Institutions and also to re-organise and streamline the Educational
Institutions up to degree level in the State of Assam in its Section 19 (2)
provides that - to adjudicate disputes for redressal of grievances relating to the
teaching staff of the Non-Government Educational Institution as well as disputes
concerning disciplinary action, genuineness of establishment of school and claim
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for provincialisation in respect of teaching staff of Venture Educational
Institution, there shall be an Educational Tribunal for each district within their
respective Territorial Jurisdiction. The District and Sessions Judges and the
Additional District and Sessions Judges of each District are designated as
Educational Tribunal.
After hearing the learned counsels for the parties and considering the entire
aspect of the matter, the petitioners are directed to approach the appropriate
Educational Tribunal for redressal of their grievances.
In the event of any such approach by the petitioners, the concerned
Education Tribunal after giving an opportunity of hearing to them as well as
respondent Nos. 6 and 7, the said Tribunal shall pass necessary order in
accordance with law.
With the above observation, this writ petition stands disposed of.
JUDGE
Comparing Assistant
