Bibhu Goala v. The State of Assam and 6 Ors

ORDER

06.01.2023. Heard Mr. H Ali, learned counsel for the petitioner and Mr. A Phukan, learned Standing counsel, Elementary Education Department, Assam for the respondent Nos. 1 to 6. The petitioner stated that in the year 2007 the authorities of MA & SA Laskar M.E. School, Kashipur under the Lakhipur Education Block of District-Cachar during its venture stage appointed him as an Assistant Teacher, pursuant to which he joined the said M.E. school on 15.02.2007 and is rendering his service till date. It is stated that though the respondent authorities took steps for provincialisation of service of teaching and non-teaching staff of the said M.E. school under the provisions of the Assam Education (Provincialisation of Services of Teachers Page No.# 3/4 and Re-Organization of Educational Institutions) Act, 2017 as amended in 2018, but the District Scrutiny Committee, District-Cachar did not recommend his name for provincialisation and the respondent No. 7 recommended the name of one Ruma Roy, an Assistant Teacher of Social Studies, who was already terminated from service by the School Managing Committee of said school in its resolution adopted on 01.03.2020. Being aggrieved with such non-provincialisation of his service under the said 2017 Act on provincialisation of the services of the teaching and non-teaching staff of the said M.E. school, the petitioner has preferred this writ petition. The petitioner also submitted that the post of Assistant Teacher of Social Science in said M.E. School on being provincialisation of Smti. Ruma Roy under the said 2017 is still lying vacant, since service of said Ruma Roy was terminated long back and is no longer in service in the said MA & SA Laskar M.E. School. Section 14 of said 2017 Act provides for Appellate Authority which reads as follows- "Appellate Authority:- The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee." As there is a statutory provision of appeal under the said 2017 Act, the petitioner is directed to prefer an appeal before the Secretary, Department of School (Elementary) Education, Assam under Section 14 of said 2017 Act for redressal of his grievances. Such appeal shall be preferred by the petitioner on or before 31.01.2023 along with the certified copy of this order, also a copy of this writ petition including the Annexures appended thereto before the Secretary, Department of School (Elementary) Education, Assam, noted above, obtaining necessary acknowledgment from the said authority in that regard. Page No.# 4/4 In the event of filing such appeal before the Secretary, Department of School (Elementary) Education, within the time as specified above, the concerned appellate authority shall dispose of the said statutory appeal of the petitioner within a period of 90 (ninety) days from the date of receipt of the same with a reasoned order, after verification of the relevant records, documents and giving an opportunity of hearing to the petitioner and the respondent No. 7, intimating the petitioner about the outcome of his said appeal. With the above observation and direction, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010267352022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/45/2023o BIBHUoGOALAo S/O-oLATEoSHANKARoGOALA,o VILL-oKASHIPUR,oPART-I,o P.O.-oKASHIPUR,o DIST.-oCACHAR,oASSAM,o PIN-o788009. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o ELEMENTARYoEDUCATIONoDEPARTMENT,o DISPUR-06,oASSAM. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o19. 3:THEoSTATEoLEVELoSCRUTINYoCOMMITTEE oREPRESENTEDoBYoITSoCHAIRMANoCUMoDIRECTOR oELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATI-o19. 4:THEoDISTRICToLEVELoSCRUTINYoCOMMITTEE oREPRESENTEDoBYoITSoCHAIRMANoCUMoDEPUTYoCOMMISSIONER oCACHAR oDIST.-oCACHAR. 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oCACHAR Page No.# 2/4 SILCHAR DIST.- CACHAR. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR CACHAR P.O.- LAKHIPUR DIST.- CACHAR. 7:AKHTARUL ISLAM LASKAR THE HEADMASTER M.A. AND S.A. LASKAR M.E. SCHOOL KASHIPUR DIST.- CACHAR ASSAM Advocate for the Petitioner : MR. H ALI Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK