Babul Anchari and 9 Ors v. The State of Assam and 2 Ors

ORDER Date : 15.02.2024 Heard Mr. E. Ahmed, learned counsel for the petitioners. Also heard Mr. B. Talukdar, learned standing counsel, Education (Elementary) Department, representing the respondent Nos.1 & 2 and Mr. B. Choudhury, learned counsel representing the respondent No.3.

¶2The petitioners claim that the issue raised in this writ petition would be covered by the order dated 23.06.2023 passed in WP(C) No.3667/2023 and Page No.# 4/6 similar order may be passed. The order dated 23.06.2023 in WP(C)/3667/2023 is extracted as below: "Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Ms. N. Phukan, leamed standing counsel, Elementary Education for the respondent Nos. 1 and 2 and Mr. S. Bora, learned standing counsel, SSA for the respondent No.3.

¶2The petitioners before this Court were serving as Education Volunteers (EV) under different Education Guarantee Scheme (EGS) Centers, which were established for implementation of provisions of the Right to Free and Compulsory Education Act, 2009. The appointment of the petitioners as Education Volunteers were made after a selection process.

¶3The EGS Centers have been shut down due exhaustion of funds and the petitioners presently are without any job. They also do not possess the Teacher Eligibility Test (TET) qualifications. As such, they are unable to apply for the job of Teachers.

¶4Therefore, being aggrieved, the petitioners had made a representation before the Minister of Education, Government of Assam by representation dated 02.06.2022, praying for relaxing from passing out the mandatory TET qualification in respect of the petitioners and permit them to apply for any teacher post.

¶5After hearing the learned counsel for the parties, it appears that the representation dated

02.06.2022 is made to the Minister of Education, Government of Assam and not before the appropriate authority. Accordingly, this writ petition is disposed of directing the petitioners to file a fresh representation before the Secretary, School Education Department, Govt. of Assam within a period of 2(two) weeks from today. Thereafter, on receipt of the representation, the Secretary, School Education Department shall consider and dispose of the same by a speaking order in accordance with law within a period of 2(two) months from the date of receipt of the representation.

¶6With the aforesaid observations and directions, the writ petition is disposed of."

¶3Mr. B. Choudhury, learned standing counsel for the SSA, Assam submits that the petitioners in the present proceedings have not disclosed the date from which they were so terminated on closure of the scheme involved. Mr. Choudhury, also submits that the petitioners although being provided with reasonable opportunities by the State to acquire the required qualifications, they have failed to acquire such qualifications and Page No.# 5/6 accordingly, the petitioners are not entitled to be considered for recruitment as teachers/tutors in primary schools of the State. The petitioners not having the requisite qualifications as mandated by National Council of Teachers Education (NCTE), they are ineligible under the provisions of Right to Children to Free and Compulsory Education Act, 2009(For short RTE, Act 2009) to be appointed as teachers/tutors in the primary schools of the State.

¶4In view of the above position and as provided in the order dated

23.06.2023, passed in WP(C)/3667/2023, the petitioners may also submit a representation before the Secretary to the Government of Assam, Secondary Education Department. The petitioners in their representation shall specifically disclose the date on which they were terminated from the engagements made in their individual cases in various EGS Centers.

¶5The petitioners shall also highlight in the said representation that they do not possess the requisite qualifications under the NCTE, and also disclose as to why they had not availed the opportunities provided to them by the Government in this connection.

¶6The Secretary to the Government of Assam, Secondary Education Department on receipt of such a representation shall give its due consideration on merit and shall also take into account the submissions of Mr. B. Choudhury, learned standing counsel for the SSA, Assam as noticed hereinabove as well as the explanations provided by the petitioners for the delay in approaching the authorities raising their grievances after the termination of their such engagement.

¶7The Secretary to the Government of Assam, Secondary Education Page No.# 6/6 Department shall thereafter pass a reasoned speaking order covering all the above aspects of the matter. The order that would be so passed be communicated to the petitioners.

¶8With the observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010029372024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/730/2024o BABULoANCHARIoANDo9oORS.o S/O-oMD.oJALALoANCHARI,oVILL.-oDHANIAoBHETI,oP.O.oBATADRAVA,oDIST.o NAGAON,oASSAM,oPIN-o782122. 2:oMD.oNOBIoHUSSAIN oS/O-oLATEoUSMANoALI oP.O.oDHUPAGURIoPATHER oP.S.oDHING oDIST.oNAGAON oASSAM oPIN-o782123. 3:oMAJIBURoRAHMAN oS/O-oLATEoMD.oABDULoKADIR oVILL.-oDHANIAoBHETI oP.O.oDHANIAoBHETI oP.S.oBATADRAVA oDIST.oNAGAON oASSAM oPIN-o782122. 4:oZIAURoRAHMAN oS/O-oMD.oSHAMSHERoALI oVILL.-oKANDAMONIoPATHAR oP.O.oKANDAMONI oP.S.oBATADRAVA oDIST.oNAGAON oASSAM oPIN-o782122. 5:oHASENoALI oS/O-oHAZRAToALI oVILL.-oHAIDUBI oP.O.oKANDAMONI PageoNo.#o2/6 oP.S.oBATADRAVA oDIST.oNAGAON oASSAM oPIN-o782122. 6:oANUWARAoAHMED oD/O-oMD.oHAFIZoUDDIN oVILL.-oAMLOKHI oP.S.oBATADRAVA oDIST.oNAGAON oASSAM oPIN-o782122. 7:oMD.oHIFJURoRAHMAN oS/O-oMD.oJINNAToALI oVILL.-oSALONABORI oP.O.oAMLOKHI oP.S.oBATADRAVA oDIST.oNAGAON oASSAM oPIN-o782122. 8:oNARGISHoAHMED oW/O-oBABULoAHMED oVILL.-oBECHAMARI oP.O.oBECHAMARI oP.S.oDHING oDIST.oNAGAON oASSAM oPIN-o782123. 9:oSALMAoBEGUMoHAZARIKA oD/O-oSAHIDULoISLAMoHAZARIKA oVILL.-oKADAMONIoPATHER oP.O.oKADAMONI oP.S.oBATADRAVA oDIST.oNAGAON oASSAM oPIN-o782122. 10:oHABIBURoRAHMAN oS/O-oHAFIZoUDDIN oVILL.-oKUBAIoKATA oP.O.oDHANIAoBHETI oP.S.oBATADRAVA oDIST.oNAGAON oASSAM oPIN-o782122o Page No.# 3/6 VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE MISSION DIRECTOR SARBA SHIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GHY-19 Advocate for the Petitioner : MR. K A MAZUMDER Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR