Shahinara Khatun and Anr v. The State of Assam and 4 Ors

ORDER Date : 29.01.2024 Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. P. K. Borah, learned counsel for the Elementary Education Department and Mr. S.M.T. Chistie, learned standing counsel for the SCERT, Assam.

¶2The State of Assam had adopted the scheme providing for study centre for D.El.Ed mode course for recommendation of teachers trainees for D.El.Ed. (ODL mode) course. It is stated that certain issues have arisen regarding the implementation of the scheme and therefore, the State authorities had disallowed further functioning of the study centre till the process be brought to its logical end and the employees under the scheme were released on 01.05.2022. Page No.# 3/4

¶3In the prevailing circumstance, the petitioners also operated study centre under the scheme which had been disallowed to function further as indicated above but before the study centre of the petitioners would be disallowed from further functioning they had already taken in students for the purpose of training.

¶4The materials produced before the Court shows that at some level in the Education Department or in the SCERT there appears to be a view that such arrangement is to be discontinued but again in some other level involving the entities of the same Department, communications are available which gives an indication that the arrangement has to continue. In the resultant confusion the petitioner institute had gone ahead with the further intake of students. It is stated that there is a clear instruction not to intake further students and from the instruction onwards the petitioner institute had not taken any further students.

¶5This writ petition is instituted for a decision by the respondent authorities as to what would be the fate of the students who had already taken admission and have also paid their fees during the period of confusion prior to the clear instruction not to intake any further students.

¶6Mr. Chistie, learned counsel for the SCERT upon instruction has stated that it would be for the Elementary Education Department to take a decision on the same. Accordingly, we direct the Secretary to the Government of Assam in the Department of School Education to take a decision on the fate of the students who had already taken in during the period when the confusion remains and before the clear instruction not to intake further students was made by the departmental authorities. Page No.# 4/4

¶7From the institute point of view and also from the point of view of the students who had undertaken the course offered by the petitioner institute, we do not see any infirmity or illegality in their conduct and the entire issue has arisen as because there was a decision of the respondent authorities to discontinue the scheme of operating the study centre.

¶8If the further students were taken in during the period of confusion when the authorities themselves were not clear whether it is discontinued or not to discontinue and their intake was done prior to the clear instruction not to intake further students, we are of the view that the students have some legal right of their own to be given a positive recognition of the course that they may have undertaken.

¶9The Secretary to Government of Assam in the Elementary Education Department to pass necessary order taking note of all the attending facts and circumstances within a period of two months from the date of receipt of certified copy of this order.

¶10While considering the said representation the Secretary to the Government of Assam, Department of School Education shall also take into account the prescription as made in the notification dated 26.04.2017.

Writ petition stands disposed of in the above terms. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010009972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/389/2024o SHAHINARAoKHATUNoANDoANRo W/OoABDULoBAREQUEoAHMED,oVILL-oNOSHKARA,oP.O.-AIRHATA,oP.S.- FAKIRGANJ,oDIST-oDHUBRI,oASSAM,oPIN-783330.oCO-ORDINATORoOFoDR.o JAKIRoHUSSAINoACADEMY,oSIMULCHALA,oP.O.-B.K.oSHERSHO,oP.S.- FAKIRGANJ,oDIST-oDHUBRI,oPIN-783330 2:oATOWARoRAHMAN oS/OoTADARAToALIoMUNSHI oVILL-AMCHALA oP.O.-B.K.oSHERSHO oP.S.-FAKIRGANJ oDIST-oDHUBRI oPIN-783330. oPRINCIPALoOFoDR.oJAKIRoHUSSAINoACADEMY oSIMULCHALA oP.O.-B.K.oSHERSHO oP.S.-FAKIRGANJ oDIST-oDHUBRI oPIN-78333o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o (ELEMENTARY)oDEPARTMENT,oDISPUR,oGUWAHATI-781006,oASSAM 2:THEoSECRETARY oEDUCATIONoDEPARTMENTo(ELEMENTARY) oDISPUR oGUWAHATI-781006 3:THEoSPECIALoCOMMISSIONER oELEMENTARYoEDUCATIONoDEPARTMENT oDISPUR Page No.# 2/4 GUWAHATI-781006 4:THE DIRECTOR STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING OPEN AND DISTANCE LEARNING KAHILIPARA GHY-781019 ASSAM 5:THE EXECUTIVE CHAIRMAN CUM DIRECTOR ODL CELL SCERT KAHILIPARA GUWAHATI-19 ASSA Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR