Smt. Monisha Saikia v. The State of Assam and 6 Ors

PageoNo.#o1/7 GAHC010271312022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/957/2023ooooooooo SMT.oARATIoHAZARIKAo W/OoLATEoRATNESWARoLAHAN,oR/OoVILL-SILAPATHARoSAMABAIo VILLAGE,oP.O.oANDoP.S.-SILAPATHAR,oPIN-787059,oDIST-DHEMAJI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oSCHOOLoEDUCATIONoDEPARTMENT,o GOVERNMENToOFoASSAM,oDISPUR,oGUWAHATI-781006 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oGOVERNMENToOFoASSAM oDISPUR oGUWAHATI-781006 3:THEoDIRECTOR oELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oDHEMAJI oDHEMAJI-787057 5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER oDHEMAJI oPIN-787057 oDHEMAJI 6:THEoSCHOOLoMANAGINGoCOMMITTEEoOFoPUMIoGAONoM.V.oSCHOOL oREPRESENTEDoBYoITSoPRESIDENT Page No.# 2/7 P.O.-MECHAKI TONGANI PIN-787110 DHEMAJI 7:THE HEAD MASTER PUMI GAON M.V. SCHOOL P.O.-MECHAKI TONGANI PIN-787110 DHEMAJ Advocate for the Petitioner : MR. J C GOGOI Advocate for the Respondent : SC, EDU Linked Case : WP(C)/959/2023 REKHA GOGOI W/O-SHRI KESAB GOGOI R/O-VILL-BHADOI NAGAR VILLAGE P.O. BHADOI PANCHALI P.S. DULIAJAN PIN-786191 DIST.- DIBRUGARH ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM SCHOOL EDUCATION DEPTT. GOVT. OF ASSAM DISPUR GHY-06 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. GOVT. OF ASSAM DISPUR GHY-06 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER Page No.# 3/7 DIBRUGARH DIBRUGARH-786001 5:THE BLOCK ELEMENTARY EDUCATION OFFICER TENGAKHAT PIN-785103 DIBRUGARH 6:THE SCHOOL MANAGING COMMITTEE OF GODADHAR SINGHA M.V. SCHOOL REP. BY ITS PRESIDENT P.O. BHADOI PANCHALI PIN-786191 DIBRUGARH 7:THE HEAD MASTER GODADHAR SINGHA M.V. SCHOOL P.O. BHADOI PANCHALI PIN-786191 DIBRUGARH ------------ Advocate for : MR. J C GOGOI Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/958/2023 SMT. MONISHA SAIKIA W/O SHRI HUMEN GOGOI R/O VILL-BOKOLONI VILLAGE P.O.-BHADOI PANCHALI P.S.-DULIAJAN PIN-786191 DIST-DIBRUGARH ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SCHOOL EDUCATION DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT GOVERNMENT OF ASSAM Page No.# 4/7 DISPUR GUWAHATI-781006 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DIBRUGARH DIBRUGARH-786001 5:THE BLOCK ELEMENTARY EDUCATION OFFICER TENGAKHAT PIN-785103 DIBRUGARH 6:THE SCHOOL MANAGING COMMITTEE OF MADHUTING M.E. SCHOOL REPRESENTED BY ITS PRESIDENT P.O.-BHADOI PANCHALI PIN-786191 DIBRUGARH 7:THE HEAD MASTER MADHUTING M.E. SCHOOL P.O.-BHADOI PANCHALI PIN-786191 DIBRUGARH ------------ Advocate for : MR. J C GOGOI Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 6 ORS

B E F O R E HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR 22-02-2023 As all these three writ petitions having common cause of action and the reliefs prayed for being identical, they are being disposed of by this common order.

¶2Heard Mr. J.C. Gogoi, learned counsel for the writ petitioners. Also heard Mr. S.M.T. Chistie, learned Standing Counsel, School Education (Elementary) Department for Respondents No.1, 3, 4 and 5; and Mr. A. Page No.# 5/7 Chaliha, learned Standing Counsel, Finance Department for Respondent No.2.

¶3All the petitioners in these writ petitions i.e. W.P.(C) No.957 of 2023; W.P.(C) No.958 of 2023 and W.P.(C) No.959 of 2023; were appointed as honorary Hindi Teachers by the respective School Managing Committees of provincialized schools.

¶4A Hon'ble Division bench of this Court in Abdul Bari Vs. State of Assam and ors, reported in (1999) 3 GLT 31 has laid down the principle that any person appointed by the Managing Committee after the provincialization of the school on 'honorary basis' are not eligible for regularization.

¶5In this batch of writ petitions, the common prayer of the writ petitioners is that a direction be given to the respondents to initiate the process of recruitment for the vacant posts of Hindi teacher and also for release of salary for the period they have rendered service.

¶6With regard to engagement of Honorary Hindi Teacher by the School Managing Committee, the Government has also made its stand clear in the letter dated 3rd January, 2018, which is reproduced hereinbelow : " GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT Dispur, Guwahati – 6

No.PMA.76/2016/325 Dated, Dispur the 3rd January, 2018

From : Shri Preetom Saikia, IAS Commissioner & Secretary to the Govt of Assam

Page No.# 6/7 To : The Director of Elementary Education, Assam Kahilipara, Guwahati – 19.

Sub : Regarding Honorary Hindi Teachers engaged by the School Managing Committee.

Ref : (i) Your letter no.EAA/B/11/2016/644 dated 05/12/2017

(ii) Govt. O.M. No.A(I)62/2003/320 dated 24/01/2004

Sir, I am directed to say that as per the provisions contained in the Assam Elementary Education (Provincialisation) Rules, 1977 in force at the relevant point of time, there is no rule under which the SMCs are entitled to engage Honorary Teachers in a Govt./ Provincialized School. In this connection necessary instructions were issued to all concerned vide orders issued in March, 2022 & vide O.M. dated 24/01/2004 not to make appointments in violation of the Assam Elementary Education (Provincialisation) Rules, 1977.

However, in flagrant violation of the Provincialisation Rules and orders issued from time to time, the SMCs continued to engage Honorary Hindi Teachers. The emphasis of the Govt. now is to provide quality education as per the provisions of the RTE Act along with improved learning outcomes under the guidelines of NCTE. The Govt. cannot regularize any Honorary Teacher who were appointed/ engaged by SMC in violation of the existing Rules. However, if the Hindi posts are lying vacant, the same should be filled up through TET examination and following the due process of law.

In view of the above position, SMCs must release all the Honorary Hindi Teachers immediately as no person can enter a Govt. School without a valid appointment order from the Competent Authority.

You are, therefore, requested to issue instructions to the Headmaster/Headmistress and Secretary of the SMCs to release these Honorary Hindi Teachers forthwith.

Yours faithfully,

Sd/- Commissioner & Secretary to the Govt. of Assam Elementary Education Department".

Page No.# 7/7

A perusal of the aforesaid letter dated 3rd January, 2018, clearly indicates that the concerned SMC of different provincialized schools were directed to release all honorary teachers immediately as no person can enter a Govt. School without a valid appointment order from the competent authority.

¶7In that view of the matter, I am unable to accept the submission made by the learned counsel for the petitioners. The release of salary with regard to the period of service rendered as honorary Hindi Teachers by the petitioners in their respective provincialized schools is left to the wisdom of the concerned School Managing Committees.

¶8It is also made clear that all vacant Hindi Teacher's posts should be filled up after initiating recruitment process through TET Examination, as and when Government so desires. As and when the said posts are advertised, the petitioners may apply for the same subject to fulfillment of eligibility criteria.

¶9With the above observations, these writ petitions stand dismissed.

JUDGE Comparing Assistant