Ajoy Thaosen v. North Cachar Hills Autonomous Council and 2 Ors

ORDER Date : 28.02.2024

Heard Mr. B.D. Das, learned senior counsel assisted by Mr.D.Thousen, learned counsel for the petitioner. Also heard Mr. C. Sharma, learned standing counsel, NC Hills Autunomous Council.

¶2The instant writ petition has been filed challenging the action of the respondent authorities in transferring the petitioner from the post of Assamese Language Teacher (Junior) in Khasipur M.E. School, Dima Hasao to Boro Diger M.E. School with immediate effect vide the impugned order dated 11.12.2023.

¶3The learned counsel appearing on behalf of the petitioner submits that the Assam Elementary and Secondary Education Teachers' (Regulation of Posting and Transfer) Act, 2020 (in short 'the said Act of 2020) regulates the transfer and posting of school teachers of Elementary and Secondary Schools in Assam. In terms with the said Act of 2020 there is a procedure provided in Section 5 which stipulates that a competent authority has to recommend for transfer of teacher as per the PTR norms. The learned counsel has referred to Section 5(5) and 5(6) of the said Act which stipulates that the District Level Committee shall be the competent authority for recommending the school transfer of teachers within the district.

¶4It is the specific case of the petitioner that there is no recommendation being made in terms to Section 5(5) of the said Act of 2020 and hence any recommendation, any transfer so made would be in violation to the Act of 2020.

¶5On the other hand, Mr. C. Sharma, learned standing counsel, NC Hills Autunomous Council appearing on behalf of the respondent Nos. 1, 2 and 3 Page No.# 3/3 disputes the contentions made by the learned counsel for the petitioner in this writ petition. He submits that the impugned order of transfer was passed on 11/12/2023 in the exigencies of service.

¶6On a specific query being made upon the learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3 as to whether the mandate of the said Act of 2020 has been followed, the learned counsel with all fairness submitted that the same, however, may not been taken note of. In view of the fact that the regulation and posting of teachers are regulated by the Act of 2020 and the Act having not been followed in passing the impugned order, this Court therefore sets aside the impugned order dated 11/12/2023.

¶7It is however, made clear that the setting aside of the impugned order dated 11/12/2023 shall not preclude the respondent authorities to take appropriate steps if deemed necessary in terms with the Provisions of the said Act of 2020.

¶8With the above observations and directions, the instant petition stands disposed off.

¶9Interim order passed earlier, stands vacated. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010285882023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7331/2023o AJOYoTHAOSENo S/O-oSHRIoDINODHANoTHAOSEN,oR/O-oPWDo3RDoCOLONY,oHAFLONG,oP.O.o ANDoP.S.oHAFLONG,oDIST.oDIMAoHASAO,oASSAM,oPIN-o788819. VERSUSo NORTHoCACHARoHILLSoAUTONOMOUSoCOUNCILoANDo2oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYo(T),oHAFLONG,oDIST.oDIMA HASAO,oASSAM,oPIN-o788819. 2:THEoDISTRICToPRIMARYoEDUCATIONoOFFICER oNORTHoCACHARoHILLSoAUTONOMOUSoCOUNCIL oHAFLONG oDIST.oDIMAoHASAO oASSAM oPIN-o788819. 3:THEoINSPECTORoOFoSCHOOLS oNORTHoCACHARoHILLSoAUTONOMOUSoCOUNCIL oHAFLONG oDIMAoHASAO oASSAM oPIN-o788819o AdvocateoforotheoPetitionerooooo:oMRoBoDoDASo AdvocateoforotheoRespondento:oSC,oNCHACoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA