Nurul Amin and 6 Ors v. The State of Assam and 3 Ors

ORDER

22.05.2023 Heard Shri SK Das, learned counsel for the petitioners. Also heard Shri B. Kaushik, learned Standing Counsel, Elementary Education Department as well as Ms. D. Das Barman, learned State Counsel and Ms. RB Bora, learned Standing Counsel for the BTC.

¶2At the outset, Shri Das, learned counsel for the petitioners has submitted that the issue involved was the subject matter of certain writ petitions which were already disposed of one of those being WP(C)/8294/2018 which was disposed of vide an order dated 03.05.2023.

¶3The grievance of the petitioners was against the action of the respondents to initiate a proceeding by issuance of show-cause notice as to why the appointments may not be deemed to be illegal / irregular.

¶4This Court vide the aforesaid judgment had disposed of the writ petition by making following observations: "7. On a query of the Court, the learned standing counsel for the respondents has submitted that if the Court permits the respondent authorities to go ahead with the direction contained in the order dated 13.07.2018, the department would be bound to complete the process in a time bound manner, subject to condition that the petitioners shall cooperate with the exercise to be undertaken by the Director of Elementary Education, Assam.

¶8On query made to the learned counsel for the petitioners, he also expresses that the petitioners would cooperate with the exercise to be undertaken by the respondent authorities, subject to condition that the matter be brought to a logical conclusion within a time bound manner and that till a final decision is Page No.# 9/10 taken, the authority should not terminate the services of the petitioners. It is submitted that the petitioners are working in their respective schools till date.

¶9In view of the submissions made by the learned counsel for the petitioners as well as the learned standing counsel for the respondents, the Court is inclined to provide that in the event, the Director of Elementary Education, Assam issues individual show-cause notices to the 4 (four) out of 5 petitioners herein, the petitioners would respond to the allegations made against them. In this connection, the learned standing counsel for the Elementary Education Department, upon instruction, has submitted that the petitioner no.3, namely, Kusum Bora has already been adjusted as Tutor after the screening process and accordingly, he has instruction that the show-cause notice would not be issued to the respondent no.3. Accordingly, the respondent authorities are exempted from issuing show-cause notice to the respondent no.3, namely, Kusum Bora and she would not be subjected to the re-screening process.

¶10The said show-cause notices should be issued within the outer period of 4

(four) weeks from the date of receipt of certified copy of this order. The petitioners be given sufficient time of about 4 (four) weeks to submit their show-cause reply and thereafter, the competent authority i.e. the Director of Elementary Education, Assam shall give an opportunity to the petitioners of personal hearing and make an endeavour to dispose of the proceedings arising out in connection with the proposed show-cause notice within an outer period of 3 (three) months after the petitioners submit their respective show-cause reply.

¶11The respondent authorities including the Director of Elementary Education, Assam is expected to adhere to the time schedule indicated in this order. Page No.# 10/10

¶12Till such time, the decision is taken, including decision for payment of arrear salary and current salary to the petitioners, the Director of Elementary Education, Assam or any other competent authority shall not disturb the petitioners from their service."

¶5Shri Kaushik, learned Standing Counsel of the Department submits that this Court may clarify that there is no observation on the merits of the allegations. The aforesaid submission is also endorsed by Ms. Bora, learned Standing Counsel for the BTC which has also filed affidavit-in-opposition in WP(C)/7345/2018.

¶6In view of the aforesaid submission, these two writ petitions are also disposed of with the same observations as quoted above with a clarification that the proceeding which may be initiated by the show-cause notice is required to be done in accordance with law without being influenced by any observation made in the present order.

¶7At this stage, Shri Das, learned counsel for the petitioners has submitted that so far as WP(C)/7345/2018 is concerned, the services of the petitioner no. 17 has already been regularized which is also admitted by the Department in its affidavit.

¶8In that view of the matter, the petitioner no. 17 is struck off from the array of the parties and there is existing cause of action so far as the said petitioner is concerned. JUDGE Comparing Assistant

PageoNo.#o1/10 GAHC010227392018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7212/2018o NURULoAMINoANDo6oORS.o ASSTT.oTEACHER,o TELICHAPARITUPoADARSHAo M.E.oMADRASSA,oP.O.oSAIDARIAo DIST.oNAGAON 2:oBHUBANoCHANDRAoDAS oASSTT.oTEACHER o BHORIDHOWAoM.E.oSCHOOL oP.O.oBHORIDHOWA o DIST.oNAGAON 3:oDEEPAKoBORGOHAIN oASSTT.oTEACHER o BHARIDHUWAoM.E.oSCHOOL oP.O.oBHARIDHUWA o DIST.oNAGAON 4:oMD.oZAKIRoHUSSAIN oASSTT.oTEACHER oTELIACHAPARITUPoADARSHAo M.E.oMADRASSA oP.O.oSAIDARIA oDIST.oNAGAON 5:oMD.oSAFIKULoISLAM PageoNo.#o2/10 oASSTT.oTEACHER o DAKAIoBOSTYoM.E.oMADRASSA oP.O.oDHUPAGURI o DIST.oNAGAON 6:oMD.oMAFIDULoHOQUE oASSTT.oTEACHER oTELIACHAPARITUPoADARSHAo M.E.oMADRASSA oP.O.oSAIDARIA oDIST.oNAGAON 7:oTAGARoBORAH oASSTT.oTEACHER oDAKHINoJEWMARIoM.E.oMADRASSAo P.O.o DIST.oNAGAOo VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOV.ToOFoASSAM,o EDUCATIONo(ELEMENTARY)oDEPTT.oDISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo-19. 3:THEoDISTRICToEDUCATIONoOFFICER oNAGAON oDIST.oNAGAON oASSAM. 4:THEoDEPUTYoINSPECTORoOFoSCHOOLS oNAGAONoDISTRICToCIRCLE o oNAGAONo Page No.# 3/10 Advocate for the Petitioner : MR. S K DAS Advocate for the Respondent : SC, ELEM. EDU Linked Case : WP(C)/7345/2018 PRABHAT CH. MALAKAR AND 21 ORS. ASSTT. TEACHER SALAIMARI L.P. SCHOOL P.O. KHOIRABARI DIST. UDALGURI 2: GOBINDA DEBNATH ASSTT. TEACHER MAZARCHUBA BINAPANI L.P. SCHOOL P.O. MAZARCHUBA DIST. UDALGURI 3: KAMINDRA BASUMATARY ASSTT. TEACHER UMANANDA L.P. SCHOOL P.O. JALUKBARI DIST. UDALGURI 4: ARUN KUMAR ROY ASSTT. TEACHER NICHILAMARI M.E.. SCHOOL P.O. NICHILAMARI DIST. UDALGURI 5: CHANDAN CH. PAUL ASSTT. TEACHER PageoNo.#o4/10 KACHARIDAGoL.P.oSCHOOL o P.O.oKHOIRABARIo DIST.oUDALGURI o6:oBIRENoKALITAo@oBIRENDRAoKALITA ASSTT.oTEACHER o THAKURIAPARAoL.P.oSCHOOL o P.O.oKHOIRABARIo DIST.oUDALGURI o7:oUTTAMoMALAKAR ASSTT.oTEACHER o BALISITHAoL.P.oSCHOOL o P.O.oKHOIRABARIo DIST.oUDALGURI o8:oBHABENoMAHANTA ASSTT.oTEACHER o JABANGAPATHARoL.P.oSCHOOL o P.OoKHOIRABARIo DIST.oUDALGURI o9:oRATULoSARMAH ASSTT.oTEACHER o PUB-GARANGAPARAoRAJAPUKHURIoL.P.oSCHOOL o P.O.oTHAKURIAPARAo DIST.oUDALGURI o10:oJOYoRAMoDEKA ASSTT.oTEACHER o KACHARIDAGoL.P.oSCHOOL o P.O.KHOIRABARIo DIST.oUDALGURI PageoNo.#o5/10 o11:oSUDHANGSHUoDEBNATH ASSTT.oTEACHER o JALUKBARIoL.P.oSCHOOL o P.O.oJALUKBARIo DIST.oUDALGURI o12:oMAHENDRAoCH.oRABHA ASSTT.oTEACHER o JAMUGURIoL.P.oSCHOOL o KHOIRABARI o DIST.oUDALGURI o13:oARPANAoBORO ASSTT.oTEACHER o KACHARIPARAoL.P.oSCHOOL o P.O.oPANIKHALIo DIST.oUDALGURI o14:oSANJEEPoKR.oSARMAH ASSTT.oTEACHER o JAMUGURIoL.P.oSCHOOL o P.O.oKHOIRABARIo DIST.oUDALGURI o15:oRATANoCH.oDEB ASSTT.oTEACHER o NICHILAMARIoL.P.oSCHOOL o P.O.oNICHILAMARIo DIST.oUDALGURI o16:oSHYAMALoDEBNATH ASSTT.oTEACHER PageoNo.#o6/10 o JALUKBARIoL.P.oSCHOOL o P.O.JALUKBARIo DIST.oUDALGURI o17:oSAMAUNoHOQUE ASSTT.oTEACHER o RANTHALIoBAGISHAoL.P.oSCHOOL o P.O.KALAIGAONo DIST.oUDALGURI o18:oNIRANJANoDEBNATH ASSTT.oTEACHER o NICHILAMARIoL.P.oSCHOOL o P.O.oNICHILAMARIo DIST.oUDALGURI o19:oHIRANYAoNATH ASSTT.oTEACHER o THAKURIAPARAoL.P.oSCHOOL o P.O.oKHOIRABARIo DIST.oUDALGURI o20:oSANTOSHoCH.oDEBNATH ASSTT.oTEACHER o NICHILAMARIoL.P.oSCHOOL o P.O.oNICHILAMARIo DIST.oUDALGURI o21:oNIRMALoCH.oPAUL ASSTT.oTEACHER o JAGANNATHoBALIKAoL.P.oSCHOOL o P.O.oNISILAMARIo Page No.# 7/10 DIST. UDALGURI 22: APARNA DAS ASSTT. TEACHER JABANGA PATHER L.P. SCHOOL P.O.BHERGAON DIST. UDALGURI VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GUWAHATI-6. 2:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN -783370. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER UDALGURI DIST. UDLAGURI ASSAM PIN - 784509. 4:THE DEPUTY INSPECTOR OF SCHOOLS UDALGURI DISTRICT CIRCLE UDALGURI PIN - 784509. ------------ Advocate for : MR. S K DAS Advocate for : SC ELEM. E