Smt. Tutu Roy v. The State of Assam and 5 Ors

ORDER Date : 08.01.2024 The petitioner by way of the present writ petition has raised the grievance with regard to the findings of the High Power Committee as contained in the communication dated

30.03.2016. The High Power Committee had not recommended the name of the petitioner for Provincialisation with the following findings:- "The matter of Smti Tutu Roy of Sister Nivedita Vidyamandir Girls' High School was placed before the committee. The committee finds that the petitioner joined on 12.11.1991 and as per the report of the concerned Head Master, the teachers attendance register for the year 1991 and 1992 are not available in the school. As such it is in doubt whether the petitioner was attending the school from the date of joining or not. Therefore the committee did not recommend the name of the petitioner as dropped Assistant Teacher of the school."

¶2From the above, it is seen that the petitioner's case was not recommended by the High Power Committee only on the ground that the teachers attendance register for the year 1991 and 1992 was not available in the school and accordingly, a doubt had arisen as to whether the petitioner actually had served in the school during the said period of time. Page No.# 3/3

¶3In the records of the petition, there is a report dated 17.11.2015 prepared by the Headmistress of Sister Nivedita Vidyamandir Girls' High School wherein, the said authority on examination of the documents produced by the petitioner held the same to be genuine. The said report also upholds the experience certificate issued to the petitioner by the school authorities wherein the school authority had certified that the petitioner was working in the school w.e.f.

12.11.1991. The High Power Committee had only refused recommending the case of the petitioner basing on the fact that the attendance register 1991-92 was not available in the school. However, while doing so, the High Power Committee failed to consider the other materials which has been held to be genuine by the headmistress of the school in question, in her report dated 17.11.2015.

¶4In view of the above, the decision of the High Power Committee as contained in the communication dated 30.03.2016 is interfered with and the matter stands remanded to the High Power Committee. The High Power Committee now shall examine the case of the petitioner by taking into account the report dated 17.11.2015 of the headmistress of the school in question along with the document that have been held to be genuine in the said report. The High Power Committee would also hear the school authorities as well as the petitioner for the purpose of arriving at a conclusion as to whether the petitioner was serving in the school from 12.11.1991 continuously.

¶5The entire exercise shall be completed by the High Power Committee within a period of two months from the date of receipt of the certified copy of the order.

¶6The petitioner shall submit the certified copy of this order to the Member Secretary, High Power Committee for taking the matter forward along with the representation and also enclose therein the report dated 17.11.2015 of the headmistress of the school and the document that are indicated therein for ready reference of the said committee.

¶7With the above observation and direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010172042016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4082/2016o SMT.oTUTUoROYo D/OoLT.oRANJIToLALoROYoR/OoN.S.oAVENUE,oHAILAKANDIoROAD,oSILCHARo SERVINGoASoASSTT.oTEACHERoAToSISTERoNIVEDITAoVIDYAMANDIRoGIRLS HIGHoSCHOOL,oSILCHAR,oDIST.oCACHAR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoEDUCATION,oDISPUR,oGUWAHATI-6. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoEDUCATION oDISPUR oGUWAHATIo-6. 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19 oKAMRUPoM oASSAM. 4:THEoJOINToDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo-19 oKAMRUPoM oASSAM. 5:THEoINSPECTORoOFoSCHOOLS oCACHARoDISTRICToCIRCLE Page No.# 2/3 SILCHAR CACHAR ASSAM. 6:THE HEADMISTRESS/ SECRETARY SISTER NIVEDITA VIDYAMANDIR GIRLS HIGH SCHOOL AND THE SCHOOL MANAGEMENT COMMITTEE SILCHAR NIVEDITA LANE N.S. AVENUE SILCHAR-5 DIST. CACHAR ASSAM Advocate for the Petitioner : MR.S R BORUAH Advocate for the Respondent : SC, SECONDARY EDUCATION BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR