Smt. Umalata Doley Pegu v. The State of Assam and 11 Ors

ORDER Date : 23.06.2025

¶1Heard Mr. S. Dutta, learned senior counsel for the applicant. Also heard Mr. M.K. Sarmah, learned counsel appearing for the respondents. Page No.# 6/9

¶2At the outset Mr. M. K. Sarmah, learned counsel for opposite party has submitted that she has not been furnished with any instructions from her clients and accordingly she is not in a position to make submissions in the matter and prays that this Court would pass appropriate directions as it may deemed fit and proper.

¶3This Court vide an order dated 02.04.2024 has disposed of WP(C).No.6674/2022 by issuing the following directions: "25. It is seen that the dispute with regard to the provincialization of the services of the petitioner, herein, as well as the private respondents No. 7, 8, 9 & 10, herein, were the subject-matter of repeated proceedings before this Court and still, the said issue has not been resolved.

¶26In view of the said position and also noticing that the petitioner, herein, as well as the private respondents No. 7, 8, 9 & 10, herein, have been deprived of provincialization of their services on account of the fact that the issues so arising have not been finally concluded; this Court is of the considered view that following the prescriptions as made in the case of Abdul Gofur Mondal (supra) as well as the observations as made by this Court, vide the order, dated

22.09.2016; the petitioner, herein, is directed to approach the jurisdictional Educational Tribunal raising her grievance for provincialization of her services and also assailing the purported termination of her services as made in her case by the School Management and Development Committee(SMDC) of the school, in question, vide the resolution, dated 23.10.2007.

¶27The petitioner, herein, while instituting such proceedings before the jurisdictional Educational Tribunal, shall invariably array the private respondents No. 7, 8, 9 & 10, herein, as party Page No.# 7/9 respondents along with the school authorities and/or any other persons who would be required to be so impleaded, for arriving at a just and proper conclusion with regard to the rival contentions that would be now raised in the matter before the jurisdictional Educational Tribunal.

¶28In the event of such proceedings being instituted before the jurisdictional Educational Tribunal by the petitioner, herein; the learned Educational Tribunal shall proceed to consider the issues so arising before it strictly in accordance with the materials that would come on record of such proceedings before it and thereafter, pass appropriate orders in the matter.

¶29The learned Educational Tribunal shall determine as to the right of the petitioner, herein, as well as the rights of the private respondents No. 7, 8, 9 & 10; to have their respective services provincialized in the said school.

¶30In view of the above conclusions being reached by this Court and as held hereinabove, this Court not being in a position to finally adjudicate the issues arising in the present proceedings; the interim directions passed by this Court vide the order, dated 22.10.2022, in the present proceedings; shall continue to hold the field till the matter is so filed before the jurisdictional Educational Tribunal and the learned Educational Tribunal considers the matter for passing of an interim direction before proceeding to consider the issues arising therein, on merit."

¶4A perusal of the directions passed by this Court vide order dated 02.04.2024 in WP(C).No.6674/2022, would go to reveal, that for resolution of the issues arising with regard to provincialization of the services of the teachers of Malaram Pegu High School, Lakhimpur, this Court had required the petitioner, therein, to institute an Page No.# 8/9 appeal before the jurisdictional Educational Tribunal also by impleading therein the Respondents no.7, 8, 9 and 10, therein.

¶5Alleging that the petitioner in WP(C).No.6674/2022 had not instituted the appeal, the present applicant had filed a review petition being review petition no.3/2025. This Court on noticing that an appeal was filed, although belatedly, by the petitioner in WP(C).No.6674/2022 and the same was registered as T.S.(Education) 01/2025, before the jurisdictional Educational Tribunal, proceeded to dismiss the said review petition on the same being withdrawn by the learned counsel for the review petitioner.

¶6The present Interlocutory Application has been instituted by the respondent no.7 in WP(C).No.6674/2022 and also the review petitioner in review petition no.3/2025, praying for liberty to approach the Jurisdictional Educational Tribunal by way of filing an appeal, in addition to the liberty already granted by this Court vide order dated

02.04.2024 in WP(C).No.6674/2022 to the petitioner, therein.

¶7It is further contended by the applicant that though the petitioner in WP(C).No.6674/2022, had instituted an appeal before the Jurisdictional Tribunal, the present applicant was not arrayed as a respondent, inspite of direction passed in this connection by this Court. Further it is submitted that the said appeal is not being pursued in the manner required by the petitioner in WP(C).No.6674/2022.

¶8Having noticed the above position and also considering that the provincialization of the services of the teacher in Malaram Pegu High School, Lakhimpur, is being delayed on account of non-resolution of the issues arising in the matter and there been a necessity for an early resolution of the same, a liberty is called for, to be granted to the present applicant to prefer an appeal before the Educational Tribunal in the matter.

¶9Accordingly, the applicant herein, as well the Respondents no. 8, 9 and 10 in WP(C).No.6674/2022, are granted liberty to approach Jurisdictional Educational Tribunal by way of instituting appeals praying for provincialization of their services. In Page No.# 9/9 the event of such appeal/appeals being filed the Jurisdictional Educational Tribunal shall expeditiously consider the same and dispose it of in accordance with law. JUDGE Comparing Assistant

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