Dilu Moni Boruah v. The State of Assam and 5 Ors

O R D E R

¶2001. 2023 Heard Mr. S Chauhan, learned counsel for the petitioner. Also heard Mr. J Chutia, learned standing counsel for the KAAC and Mr. NJ Khataniar, learned standing counsel for the Elementary Education Department.

¶2The grievance of the petitioner is that she has been serving at Hatidandi Sunee Ram Dhanuwar M.E. School, Karbi Anglong from 12.01.1999 and she is having the qualification of Graduation and Kovid in Hindi. As such, the petitioner claims that she is eligible to teach Social Science as well as Hindi and eligible for appointment as Social Science teacher as well as Hindi teacher having the aforesaid qualifications.

¶3The said school was provincialised under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (hereinafter referred to as Act, 2017). While taking the process of regularisation of the said school under the Act, 2017, the name of the petitioner was recommended along with two other teachers by the District Scrutiny Committee, Karbi Anglong against the post of language teachers. Page No.# 3/6

¶4However, it is her claim that ignoring her claim, some junior teachers, who joined the school in the year 2004, namely, one Samir Chandra Mazumder has been recommended. The petitioner contends that while provincialising their posts, her candidature has been ignored by the authorities and her service was not provincialised. Being aggrieved, the present writ petition is filed.

¶5Mr. Chauhan submits that one Rabin Das, who was junior to the petitioner, though was not recommended by the District Scrutiny Committee, his service was provincialised by the State Level Committee. Mr. Chauhan further contends that said Rabin Das expired prior to provincialisation and therefore instead of provincialising a dead man, the service of the petitioner ought to have been provincialised inasmuch as she has been recommended duly by the District Scrutiny Committee.

¶6Per contra, Mr. Chutia submits that under the scheme of the Act, 2017, three posts can be provincialised, one against language, another against Maths and Science and other against Social Science. In the case in hand, the District Scrutiny Committee has recommended one Mrinal Chandra Boro, who is senior to the petitioner against subject English and the name of the petitioner against subject Hindi and one Samir Chandra Mazumder against subject Maths and Science. Mr. Chutia further contends that as the District Scrutiny Committee has not recommended any name against Social Science, however, the only person teaching Social Science was Rabin Das and it is the mandate of law that one person must be provincialised teaching Social Science. Accordingly, the State Level Committee has not committed any error recommending the name of Rabin Das, though the name of Rabin Das was not recommended by the District Page No.# 4/6 Scrutiny Committee. Therefore, Mr. Chutia contends that this writ petition is devoid of any merit and the same should be dismissed.

¶7Heard the learned counsel for the parties. Section 3 of the Act, 2017 provides for eligibility criteria for selection of educational institution for provincialisation of service of teachers and tutors.

¶8Sub-section 11 of Section 3 of the said Act' 2017 provides that in case of venture upper primary school, there shall be minimum three teachers or tutors and at least one teacher each for Science and Mathematics, one for Social Studies and other for language.

¶9Section 21 further provides that for the purpose of provincialisation of the services of the teachers and tutors under the Act' 2017 the posts are created as ex-cadre post, which shall be personal to the incumbent. It is further provided in Section 21 that this personal post shall stand abolished on secession of services of the teachers for any reason whatsoever, including retirement, resignation, death etc.

¶10Sub-section 2 of Section 21 of the Act, 2017 however gives a power and authority to the administrative department to retain post of any educational institution provincialised under the Act' 2017 after secession of services of the teachers, which may be deemed to be necessary to run the institution.

¶11In the aforesaid backdrop now, let this court examine the case of the petitioner. Admittedly, one Mrinal Chandra Boro, who is senior to the petitioner was provincialised against the language (English). Thus, one quota is fulfilled through Mrinal Chandra Boro. Therefore, the petitioner being the junior to said Mrinal Chandra Boro and belonging to the same Page No.# 5/6 category of language, being a Hindi teacher, cannot raise any grievance of non-provincialisation.

¶12Another post of Maths teacher was provincialised through one Samir Chandra Mazumder. Though he is junior to the petitioner, however, he was recommended against the quota meant for Maths and Social Science teacher. The other person Rabin Das though was not recommended by the District Scrutiny Committee but was provincialised as Social Science Teacher. Thus, this court cannot find any fault with the recommendation of the Selection Committee in terms of the aforesaid Sub-section 11 of Section 3 of the Act, 2017.

¶13However, this court is of the considered opinion that on the death of said Rabin Das, the post of Social Science Teacher shall remain vacant and it will be a duty of the Administrative Department under the scheme of the Act' 2017 and in the interest of the student to consider whether after death of Rabin Das, the institution will need another teacher to teach Social Science. As the petitioner has claimed that she is otherwise eligible to be provincialised as Social Science teacher having graduate degree from Gauhati University, her name can be recommended taking note of the fact that she has rendered the service at the venture stage since

12.01.1999.

¶14Considering the aforesaid fact that the petitioner has been rendering service in the school since 12.01.1999 and having qualification, this court is of the considered opinion that a direction can be issued to the Administrative Department to consider the case of the petitioner in term of the Sub-section 2 of Section 21, considering her claim of being eligible for being appointed as a Social Science teacher. The fact also remains that Page No.# 6/6 said Rabin Das expired prior to provincialisation of his post.

¶15Accordingly, this writ petition is disposed of with the following directions: I. The Administrative Department i.e. Secretary to the Government of Assam, Department of School Education shall consider whether the post provincialised against Rabin Das, Social Science Teacher can be retained in exercise of power under Sub-section 2 of Section 21 of the Act, 2017 inasmuch as said Rabin Das expired prior to provincialisation. II. If the Administrative Department is of the opinion that such post is required to be retained in the interest of the school and its pupil, the case of the petitioner may be considered for provincialisation against the said post in term of the extent norms, if she is qualified as claimed.

¶16With the above observation, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010094522021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4134/2021o DILUoMONIoBORUAHo W/O-oDEBOKANTAoBORUAH,oVILL-oHATIDANDIo(GOPALoGOWALAGAON),o P.O.oRAJAPATHAR,oP.S.oBAKALIA,oDIST.-oEASToKARBIoANGLONG,oASSAM,o PIN-o782482 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMM.oANDoSECY.oOFoELEMENTARYoEDUCATIONoDEPTT.,o DISPUR,oGHY-06 2:THEoCOMM.oANDoSECY.oOFoFINANCEo(STAFFoUNIToINSPECTION)oDEPTT. oDISPUR oGHY-06 3:THEoSTATEoSCRUTINYoCOMMITTEEoFORoELEMENTARYoEDUCATION oREP.oBYoITSoCHAIRMAN-CUM-DIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGHY-19 4:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGHY-19 5:THEoDISTRICToLEVELoSCRUTINYoCOMMITTEE oFORoKARBIoANGLONGoDISTRICToREP.oBYoTHEoPRINCIPALoSECY.oOFoKARBI ANGLONGoAUTONOMOUSoCOUNCILo(KAAC) oDIPHU oPIN-o782460 6:THEoINSPECTORoOFoSCHOOLS Page No.# 2/6 KARBI ANGLONG DISTRICT CIRCLE DIPHU (ASSAM) PIN- 78246 Advocate for the Petitioner : MR. S CHAUHAN Advocate for the Respondent : SC, ELEM. EDU BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY