Shahazamal Sk and 23 Ors v. The State of Assam and 4 Ors

ORDER

22.09.2023

Heard Mr. M Islam, learned counsel for the petitioners. Also heard Ms. S Chutia, learned counsel for the Elementary Education Department, Government of Assam and Mr. S Bora, learned counsel for respondents in the SSA, Assam.

¶2All the petitioners herein claim that they were engaged as Education Volunteers, Siksha Karmi, Siksha Sarathi 1, Siksha Sarathi 2, Community Volunteers etc. It is the stand of the respondents that the engagement of these category of employees had been discontinued inasmuch as, the scheme under which they were appointed had in the meantime been discontinued. In the circumstance, some similarly situated persons have approached this Court by way of WP(C)No.3667/2023, wherein the order dated 23.06.2023 was passed which is extracted as below:

"….2. The 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. Page No.# 6/7 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."

¶3Taking note of the similarity between the petitioners of the present writ petition and the petitioners of WP(C)No.3667/2023, similar direction is also passed in this writ petition also, meaning thereby, that the writ petitioners herein may also file their respective representations before the respondent No.1 being the Secretary to the Govt. of Assam, Department of School Education within a period of 2(two) weeks from today and in the event of any such representations being filed, a reasoned order be passed thereon within a Page No.# 7/7 period of 2(two) months from the date of receipt of such representations.

¶4Writ petition stands disposed of in the above terms.

JUDGE Comparing Assistant

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