Ng. Binoy Kumar Singha and Anr v. The State of Assam and 6 Ors

PageoNo.#o1/4 GAHC010184292021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6143/2021ooooooooo NG.oBINOYoKUMARoSINGHAoANDoANRo S/O.oLT.oBABATOMBIoSINGHA,oVILL.oBORBIL,oP.O.oFULERTAL,oP.S.o LAKHIPUR,oDIST.oCACHAR,oASSAM. 2:oSHRIoBAKTARoHUSSAINoLASKAR oS/O.oLT.oASADURoALIoLASKAR oVILL.oANDoP.O.oEASToGOBINDPURoPART-III oDIST.oCACHAR oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oEDUCATIONo (SECONDARY)oDEPTT.,oDISPUR,oGUWAHATI-06. 2:THEoCOMMISSIONERoANDoSECY. oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGUWAHATI-06. 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 4:DISTRICToSCRUTINYoCOMMITTEE oCACHAR oREP.oBYoTHEoDEPUTYoCOMMISSIONER oCACHAR oP.O.oANDoP.S.oSILCHAR oDIST.oCACHAR oASSAM. Page No.# 2/4 5:THE STATE LEVEL SCRUTINY COMMITTEE CACHAR REP. BY THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 6:THE MISSION DIRECTOR RASTRIYA MADHYAMIK SIKSHA ABHIYAN ASSAM KAHILIPARA GUWAHATI-19. 7:THE DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-19 Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : SC, SEC. EDU.

B E F O R E HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

17-02-2023 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners. Also heard Mr. R. Mazumdar, learned Standing Counsel, Department of School Education for Respondents No.1, 3 and 5; Mr.B. Gogoi, learned Standing Counsel, Finance Department for Respondent No.2; Mr. P. Saikia, learned Government Advocate, Assam for Respondent No.4 and Mr. S. Bora, learned Standing Counsel, SSA for Respondents No.6 and 7. The petitioner No.1 was appointed as a Manipuri Language Teacher on

10.01.1998 at the then Venture Ujan Tarapur High School, Cachar by the Page No.# 3/4 Headmaster-cum-Secretary of the said School. The petitioner No.2 was appointed on verbal instruction by the Managing Committee of the said Venture Ujan Tarapur High School as an Additional Assistant Teacher in the said school. The said Venture Ujan Tarapur High School was provincialized by an order dated

20.08.2013 issued by the Director of Secondary Education, Assam. However, in the said order of provincialisation, the names of the petitioners did not figure though their names were captured in the DISE Code for the year 2013-14. However, as their names were not in the provincialsiation order dated

20.08.2013, their names were not captured in the DISE Code for the year 2014-

¶15The process for provincialisation of the services of teaching and non-teaching staff of the Ujan Tarapur High School started in terms of Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 (hereinafter referred to as the 'Act of 2017' in short). The cases of both the petitioners were recommended by the District Scrutiny Committee for provincialisation of their services. However, the State Level Scrutiny Committee did not recommend their names as their names were not captured in the DISE Code after the year 2014. Being aggrieved, the petitioners are before this Court by way of the present writ petition. Section 14 of the Act of 2017 provides for an appeal against any recommendation of the State Level Scrutiny Committee before the State Government. Accordingly, this writ petition is disposed of directing the petitioners to separately file appeals before the Secretary, Department of School Education (Respondent No.1) within a period of ten days from today. The Respondent Page No.# 4/4 No.1, on receipt of the respective appeals filed by the petitioners, shall consider the appeals after giving an opportunity of bearing to both the petitioners and, thereafter, dispose of the same by speaking orders and in accordance with law, within a period of two months from the date of receipt of the appeals. With the aforesaid observations and directions, this writ petition stands disposed.

JUDGE Comparing Assistant