Rajpur High School v. The State of Assam and 4 Ors

ORDER Date : 05.01.2024

Heard Mr. P. Sarma, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 2 & 5; Mr. D. K. Roy, learned standing counsel, SEBA, appearing on behalf of respondent No. 3; Ms. D. Das Barman, learned Addl. Sr. Government Advocate, appearing on behalf of respondent No. 4.

The writ petitioner is the Headmaster of Rajpur High School, Sichar, and the grievance raised by him in this writ petition is against non-consideration of the eligible employees of the said school for provincialization of their services under the provisions of the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017.

Raising a similar grievance, the petitioner, herein, had approached this Court by way of instituting a writ petition being WP(c)381/2022, and this Court, vide order, dated 24.11.2022, had disposed of the said writ petition by requiring the Page No.# 3/4 District Scrutiny Committee for Secondary Education, Cachar, Silchar, to consider the case of the employees of the said school for such provincialization under the provisions of the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. In pursuance of the said process, the case of the petitioner came to be placed before the District Level Scrutiny Committee(DLSC) and the recommendations of the District Level Scrutiny Committee(DLSC) were forwarded to the Inspector of Schools, Cachar, Silchar, to the Director, Secondary Education Department, vide communication, dated 20.05.2023.

Today, Mr. Sarma, learned standing counsel, Secondary Education Department, in terms of this Court's earlier order, has placed on record the instruction to the effect that the recommendations made by the District Level Scrutiny Committee(DLSC), Cachar, Silchar, in favour of the teachers of Rajpur High School, Cachar, Silchar, has been received by the Director, Secondary Education Department, Government of Assam, and the matter is being processed and would be placed in the next meeting of the State Level Scrutiny Committee(SLSC).

In view of the said development; this writ petition stands disposed of directing the Director, Secondary Education Department, Government of Assam, to expeditiously place the case of the petitioner in the next meeting of the State Level Scrutiny Committee(SLSC) and thereafter, basing on such recommendations, necessary orders for provincializing the service of the teachers of the school in question, be issued at the earliest. Page No.# 4/4 The entire exercise for the purpose of taking the recommendations in favour of the petitioner made by the District Level Scrutiny Committee(DLSC), Cachar, Silchar, to its logical conclusion be initiated and completed within a period of 3(three) months from the date of receipt of a certified copy of this order.

The petitioner is to submit a certified copy of this order to the Director, Secondary Education Department, Government of Assam, for taking appropriate action. With the above directions; the writ petition stands disposed of at the motion stage itself.

The copy of the order, dated 04.01.2024, as produced by Mr. Sarma, learned standing counsel, Secondary Education Department, shall be kept as a part of the record and marked as 'X' for identification.

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010259402023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7311/2023o RAJPURoHIGHoSCHOOLo REPRESENTEDoBYoITSoHEADMASTER,o SRIoGOPALoCHANDRAoDAS,o AGEDoABOUTo51oYEARS,o S/O-oLATEoMATILALoDAS,o VILLAGE-oRAJPUR,oP.O.-oHARINTILLA,o P.S.-oSILCHAR,oPINoCODE-o788011,o DISTRICT-oCACHAR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,o TOoTHEoGOVERNMENToOFoASSAM,o EDUCATIONo(SECONDARY)oDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019. 3:THEoSECRETARY oBOARDoOFoSECONDARYoEDUCATION oASSAM oGUWAHATI-o781021. 4:THEoDEPUTYoCOMMISSIONERoCACHAR oSILCHARo(NOWoRE-DESIGNATEDoASoDISTRICToCOMMISSIONER)oCUMo CHAIRMANoOFoDISTRICToSCRUTINYoCOMMITTEEo (DEVELOPMENToBRANCH oEDUCATIONoSECTION). Page No.# 2/4 5:THE INSPECTOR OF SCHOOLS CDC CUM MEMBER SECRETARY DISTRICT SCRUTINY COMMITTEE CACHAR SILCHAR DISTRICT- CACHAR ASSAM Advocate for the Petitioner : MR. P SARMA Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR