Gauhati High Court
Nurul Islam vs The State Of Assam And 3 Ors Represented ... on 29 January, 2024
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GAHC010133132023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3605/2023
NURUL ISLAM
S/O LATE KHAIRAMANDAL, VILL-BHETUMARI,
P.O.-CHUKRUNGBARI, P.S.-SORBHOG, DIST-BARPETA, ASSAM
VERSUS
1: THE STATE OF ASSAM AND 3 ORS REPRESENTED BY PRINCIPAL
SECRETARY, EDUCATION DEPARTMENT, GOVT. OF ASSAM, DISPUR,
GUWAHATI-6
2:SECRETARY TO THE GOVT. OF ASSAM
SCHOLL EDUCATION DEPARTMENT DISPUR GUWAHATI-6
3:DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI-19
4:INSPECTOR OF SCHOOLS
BAKSA DISTRICT CIRCLE MUSHALPUR BAKSA
Advocate for the Petitioner : MR J CHUTIYA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 29-01-2024
Heard Mr. J. Chutiya, learned counsel for the petitioner. Also heard Mr. B.
Kaushik, learned standing counsel, Education (Secondary) Department,
representing all the respondents.
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The petitioner, by way of the present proceeding, has raised the
grievance with regard to the action taken on the part of the respondent authorities
in not taking forward his case for provincialisation on the ground that his name is
not reflected in the DISE data maintained for Higher Secondary and Senior
Secondary Schools.
The petitioner was appointed as a Lecturer in the Department of Arabic
in Dakshin Bijni College (Junior) Ananda Bazar, Barpeta, vide an appointment letter
dated 04.08.2003. The petitioner joined his services in terms of the said letter of
appointment on 04.08.2003 itself. The petitioner contends that the cases of eligible
teachers of Dakshin Bijni College (Junior), including the petitioner, were taken up
for consideration for provincialization under the provisions of the Assam Education
(Provincialiation of Services of Teachers and Re-organization of Educational
Institutions) Act, 2017 (in short "Act of 2017") and their services were
provincialised. However, the case of the petitioner for such provincialisation was
not considered favorably although the District Scrutiny Committee had
recommended his case for such provincialisation.
It is the case of the petitioner that the respondent authorities have
refused to consider the case of the petitioner only on the ground that his name did
not figure in the DISE data stated to be available for the School in question.
The provisions of the Act of 2017 requires the particulars of a School to
be captured in the DISE data and a DISE code assigned only in case of a Venture
Lower Primary School or Upper Primary School, whereas such requirement is not
mentioned for a Venture Higher Secondary School. However, the respondents have
not considered the case of the petitioner as his name did not figure in the DISE
data.
A Coordinate Bench of this Court in WP(C) No.1353/2022 (Kishor
Kumar Nath & Ors. -Vs- The State of Assam & Ors.) and other connected writ
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petitions, vide judgment & order dated 12.04.2023, had dealt with the said issue
and concluded as follows:-
"16. Therefore, a conjoint reading of the provisions referred to hereinabove
in respect to the Act of 2017 there is no requirement for the names of the
teachers working in the 'Venture High School' as well as 'Venture Higher
Secondary School' as defined in Section 2(x) and 2(y) of the Act of 2017 to
have their names captured in the DISE Code as is otherwise required in the
case of a teachers/tutors whose services are to be provincialised in respect
of 'Venture ME School' and 'Venture Lower Primary School' as well as
'Venture Upper Primary School' as defined in Sections 2(za), 2(zb) and 2(zc)
of the Act of 2017 wherein the names of such teachers or tutors are required
to be captured in the DISE Code up to 2009-10.
17. In the backdrop of the above, let this Court take into consideration the
case of the petitioners before this Court in the present batch of writ petitions.
The learned counsel for the petitioners has submitted that the concerned
respondent authorities have not processed the proposals for provincialisation
of the services of the petitioners who are working in 'Venture High Schools'
and 'Venture Higher Secondary Schools' on the ground that the petitioners'
names are not captured in the DISE Code. It is also the case of the
petitioners that the concerned authorities have issued communication not to
process such proposals of provincialisation of services of teachers/tutors
whose names have not been captured in the DISE Code.
18. This Court, on the basis of the above analysis of the provisions of the
Act of 2017, is of the opinion that the insistence of the respondent authorities
of the names of petitioners who have been rendering services in 'Venture
High School' and 'Venture Higher Secondary School' to be captured in the
DISE Code of 2009-10 is contrary to the Act of 2017 as it is not the mandate
of the Act of 2017 to fulfill such requirement in respect to such teachers
and/or tutors working in 'Venture High School' and 'Venture Higher
Secondary School' to have their names captured in the DISE Code upto
2009-10. Such insistence is arbitrary and contrary to the provisions of the
Act of 2017 and accordingly interfered with."
In view of the said position, this writ petition stands disposed of with a
direction to the respondent authorities, more particularly, the Director of
Secondary Education, Assam to consider the case of the petitioner for
provincialisation of his services as a teacher/tutor by having the recommendation
made in case of the petitioner by the jurisdictional District Scrutiny Committee
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scrutinized by the State Level Committee in terms of the provisions of Section
13(10). It is provided that the State Level Committee in terms of Section 13(11)
shall be at liberty to carry out physical verification of the institution of the
petitioner and call for such other record and documents as may be required for the
purpose of verification. After verification of all such documents and records that
may be produced before it, also carrying out of physical verification of the
institution, the State Level Committee shall come to a conclusion with regard to
the recommendation made by the District Scrutiny Committee in favour of the
petitioner for provincialisation of his services against the post of Lecturer in the
Department of Arabic in Dakshin Bijni College (Junior) Ananda Bazar, Barpeta.
The State Level Committee or any other authority shall not insist upon
the petitioner for producing a DISE code of the year 2009-10, or prior thereto, or
thereafter.
The above exercise shall be completed within a period of 6(six) months
from the date a certified copy is placed before the Director of Secondary
Education, Assam.
The decision that would be arrived at in the matter shall be
communicated to the petitioner in the form of a speaking order.
The writ petition accordingly stands disposed of.
JUDGE
Comparing Assistant
