Sanadhan Singha v. The State of Assam

ORDER Date : 03.04.2023

Heard Mr. K. Kalita, learned counsel for the petitioners. Also heard Mr. M. Phukan, learned standing counsel for the Elementary Education Department appearing for all the respondents.

¶2The petitioners claims that in course of their service, a notification dated 01.09.2017 was issued by the Elementary Education Department requiring the teachers in the Elementary Education (LP/UP) classes to undergo D.El.Ed program which was made mandatory for all teachers. This was also followed up by an addendum dated 05.09.2017 issued by the Elementary Education, Govt. of Assam, clarifying that the qualification as required under the NCTE notification having D.El.Ed. qualification would not be applicable for teachers appointed before 03.09.2001. It is projected that in the meanwhile, under compelling circumstances, the petitioners have registered themselves for Page No.# 5/6 acquiring D.El.Ed. qualification. Hence, on the ground that the petitioners are exempted from undergoing the D.El.Ed. Course, the present writ petition has been filed under Article 226 of the Constitution of India for a direction to the respondent authorities to exempt the petitioners from undergoing the course under the D.El.Ed. program in terms of the addendum dated 05.09.2017 issued by the Elementary Education Department, Govt. of Assam.

¶3The learned counsel for the petitioners has submitted that this Court by an order dated 31.01.2018, taking note of the apprehension expressed by the petitioners, directed that no coercive action be taken against the petitioners, for not having the qualification of D.El.Ed.

¶4The learned standing counsel for the Elementary Education Department has produced a copy of the notification dated 23.08.2010 for clarifying that while teachers appointed before 03.09.2001 were not required to obtain minimum qualification of B.Ed (Special Education) if their appointment was prior to 03.09.2001 and was in accordance with the recruitment rules.

¶5The learned standing counsel for the Secondary Education Department has also accepted that vide addendum dated 05.09.2017, if the teachers were appointed prior to 03.09.2001 in accordance with the prevalent recruitment rules, they are not required to undergo the D.El.Ed. programme. It is also submitted that the respondent authorities are required to examine if the petitioners were appointed prior to 03.09.2001, in view of the disclosure made by the petitioners that few of them had joined their service after 03.09.2001.

¶6Having noted that the respondent authorities do not dispute that the Page No.# 6/6 Elementary teachers in LP/UP schools who were appointed prior to 03.09.2001 in accordance with the prevalent recruitment rules were not required to undergo D.El.Ed. program, the Court is of the considered opinion that there is no ground for the petitioners to apprehend that the respondents would take coercive action against them.

¶7However, in view of the requirement of the addendum dated

05.09.2017 issued by the Elementary Education Department as well as in light of the NCTE notification dated 23.08.2010, the Court is of the considered opinion that the authorities in the Elementary Education Department will have a right to undertake the exercise to find out as to whether the petitioners were actually issued appointment orders prior to 03.09.2001 and whether their appointment was made in accordance of the rules, before accepting the contention of the petitioners that they are exempted from undergoing the D.El.Ed. program.

¶8Accordingly, in light of the observations made above, this writ petition stands disposed of.

¶9In the event the petitioners are aggrieved by any order that may be passed adverse to their interest, liberty is granted to the petitioners to approach the Court again.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010015312018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/444/2018o SANADHANoSINGHAo S/O-oLATEoTHAMBALoSINGHA,oR/O-oVILL-oRAJBARI,oP.O-oJUGIJAN,oDIST-o HOJAI,oPIN-o782429,oASSAM 2:oSARAToCHANDRAoSINGHA oS/O-oLATEoJUGALoSINGHA oR/O-oVILL-oGAURANAGARo(DAKHINoJAMUHANDAR) oP.O-oPADUMPUKHURI oDIST-oHOJAI oPIN-o782435 3:oTAYABURoRAHMANoMAZUMDAR oS/O-oESARAToALIoMAJUMDAR oR/O-oVILLoMUSLIMoPATTY oWARDoNO.o15 oP.OoANDoP.S-oHOJAI oDIST-oHOJAI oPIN-o782435 4:oMOINULoHOQUEoLASKAR oS/O-oLATEoMOMTAZoALI oR/O-oVILL-oKANDULIMARI oP.O-oJUGIJANoBAZAR oP.S-oHOJAI oDIST-oHOJAI 5:oFAIZURoRAHMANoLASKAR oS/O-oASUDDARoALI oR/O-oVILL-oMAHPARA oP.O-oJUGIJANoBAZAR oP.S-oHOJAI PageoNo.#o2/6 oDIST-oHOJAI oPIN-o782435 6:oABDULoHAKIMoLASKAR oS/O-oLATEoMUBARAKoALI oR/O-oVILL-oAMLIoPUKHURI oP.O-oJUGIRAMoBAZAR oP.S-oHOJAI oDIST-oHOJAI oPIN-o782435 7:oHABIZoTAHIRoAHMEDoBARBHUJAN oS/O-oMUBIDoALIoBARBHUYAN oR/O-oVILL-oBEDUATI oP.O-oJUNGLEoBLOCKoVIAoJAMUNAMUKH oDIST-oHOJAI oPIN-o782428 8:oMOJIBURoRAHMAN oS/O-oJOHURoALI oR/O-oVILL-oSALPARA oP.O-oDAGAON oP.S-oJURIA oDIST-oNAGAON oPIN-o782124 9:oNURULoHUDAoSARKAR oS/O-oLATEoFAIZULoRAHMAN oR/O-oVILL-oPUBoMUKANDAoALI oP.O-oLETERIPAR oDIST-oNAGAON oPIN-o782124 10:oFAIZULoISLAM oS/O-oLATEoSURUJoALI oR/O-oVILLoNO.2 oBARALIMARI oP.O-oPUBoBARALIMARI oDIST-oNAGAON oPIN-o782124 11:oKHALILURoRAHMANoCHOUDHURY PageoNo.#o3/6 oS/O-oLATEoWAHEDoALI oR/O-oVILL-oDHINGoGAON oP.O-oDAGAON oP.S-oJURIA oDIST-oNAGAON oPIN-o782124 12:oABDUSoSATTAR oS/O-oMD.oABDULoHAMID oR/O-oVILL-oSHIMOULUATI oP.O-oALITANGANI oP.S-oJURIA oDIST-oNAGAON oPIN-o782124 13:oMORIOMoBEGUM oW/O-oHABIBURoRAHMAN oR/O-oVILL-oSHIMOLUATI oP.O-oALITANGANI oP.S-oJURIA oDIST-oNAGAON oPIN-o782124 14:oHUSNARAoBEGUM oD/O-oLATEoAHMEDoALI oR/O-oVILL-oALITANGANI oP.O-oALITANGANI oP.S-oJURIA oDIST-oNAGAON oPIN-o782124 15:oRAFEZAoKHATUN oW/O-oABDUSoSAMAD oR/O-oVILL-oSHALPARA oP.O-oDAGAON oP.S-oJURIA oDIST-oNAGAON oPIN-o782124 oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o Page No.# 4/6 DEPTT. OF EDUCATION (ELEMENTARY) DISPUR, GUWAHATI- 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON DISTRICT CIRCLE PIN- 78200 Advocate for the Petitioner : MR. A SARMA Advocate for the Respondent : SC, EDUCATION BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA