Dharma Jyoti Deka and 50 Ors v. The State of Assam and 5 Ors

ORDER Date : 11.04.2023 Heard Mr. H.R. Ahmed, learned counsel for the petitioners. Also heard Mr. G. Pegu, learned Govt. Advocate, Mr. R. Mazumdar, learned standing counsel for the Elementary Education Department and Mr. A. Chaliha, learned standing counsel for the Finance Department.

¶2In brief, the case of the petitioners is that all the 51 petitioners were appointed in different Middle English Schools of Morigaon district between the year 1991 to 2001 by the Managing Committee of the said schools and by referring to the school certificates, it is projected that the petitioners have been rendering service in their respective schools from the date of their respective joining till the date certificates were issued. The authorities were of the opinion that various Assistant Teachers in the M.E. Schools were appointed between the year 1991 to 2001 dehors the rules and therefore, pursuant to direction contained in the order dated 02.03.2010, passed in WP(C) 1048/2004, the State was permitted to frame a policy for regularization of the teachers. However, liberty was granted to identify the teachers on field verification to be working.

¶3It is projected that pursuant to the screening process initiated by the respondent authorities, the petitioners had made an application to subject Page No.# 11/13 themselves to screening process, pursuant to which the petitioners were issued call letters to appear before the concerned authorities with requisite documents as mentioned in the notices issued by the District Elementary Education Officer. It is submitted that although the petitioners had produced the working certificates issued by the respective authorities of the school, the same was not considered and the petitioners were placed in the category of illegally appointed teachers.

¶4The learned counsel for the petitioners has produced a copy of order dated 05.11.2019, passed by this Court in WP(C) 94/2019 and it is submitted that by virtue of the said order, this Court had directed the authorities to ascertain the claim made by the petitioners as to whether they are working or not. It is submitted that as the petitioners are similarly situated, similar direction be issued in terms of order dated 05.11.2019, passed by this Court in WP(C) 94/2019 so that the authorities in the Elementary Education Department can re-verify as to whether the petitioners are working or not and take an appropriate decision. The relevant observations in the said order is extracted below: "8. Learned counsel for the petitioners submits that as the petitioners were left out from such list for obvious reasons, their cases will not be considered by the authority for regularization and accordingly, has sought for a direction from this Court to include the name of the petitioners amongst the list of those teachers who were not recommended by the Screening Committee but found to be working.

¶9As to whether the petitioners were working or not, is a pure question of fact which this Court is not inclined to examine. This Court has felt that it would be more appropriate if the authorities themselves ascertain the claim made by the petitioners that they are still working and could have been included in the list of such similarly situated teachers for further consideration of regularization. Page No.# 12/13

¶10Accordingly, the present petition is disposed of directing the petitioners to submit detail representations to the Director, Elementary Education Department, Assam so that the Director, Elementary Education Department, Assam upon consideration of such representation with the supporting documents may take a decision as to whether the petitioners were working at the time of consideration by the Committee so that, in the event, they are found to be working, their names may be included amongst those teachers who are not validly appointed but were found to be working so that their cases for regularization can be considered in terms of the observation and direction of this Court issued in the aforesaid writ petition, being WP(C) No. 1048/2004.

¶11Learned counsel for the petitioners submit that the petitioners will submit a detail representation to the Director, Elementary Education Department, Assam within one week with the certified copy of this order.

¶12The authorities accordingly will do the needful in terms of the observation and direction made above."

¶5The learned standing counsel for the Elementary Education Department has submitted that although the petitioners have been found to be illegally appointed, but in view of the order dated 05.11.2019, passed by this Court in WP(C) 94/2019, the authorities in the Elementary Education Department be permitted to make a field verification as to whether the petitioners are working or not and then to take an appropriate decision.

¶6Accordingly, the Court is of the considered opinion that it would be appropriate to grant an opportunity to the petitioners to submit individual representations before the Director of Elementary Education, Assam along with a certified copy of this order and copies of all the testimonials they are having. Such a representation shall be made within a period of 2 (two) weeks from the date of this order. On such representation being made, the office of the Director of Elementary Education, Assam shall acknowledge the receipt of such representation from the petitioners and the competent and/or designated Page No.# 13/13 authority of the Directorate of Elementary Education Department shall consider such representation along with the supporting documents as produced by the petitioners and take an appropriate decision thereon. The authorities would take their decision within an outer period of 3 (three) months from the date of submission of representation by the petitioners.

¶7It would be open to the authorities to the Elementary Education Department to inspect the respective schools of the petitioners and the relevant. In the event, the authorities find that the petitioners, though not validly appointed but are found to be working in the respective schools, they would take a decision regarding regularization of their services in terms of the order dated 02.03.2010, passed in WP(C) 1048/2004.

¶8The authorities in the Elementary Education Department shall communicate their order/decision to the petitioners in their respective e-mail addresses to be provided by the petitioners.

¶9With the aforesaid direction, this writ petition stands disposed of.

JUDGE Comparing Assistant

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