Disposed

Sarala Kalita and 2 Ors. v. the State of Assam and 2 Ors.

Gauhati HC13 Feb 2020WP(C)/7333/2017

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking appointment as L.P. Teachers for petitioners previously appointed as Siksha Mitras. The court directed respondent authorities to consider condonation of age for those who passed the Special TET, following earlier judgments regarding similar cases.

What did the court decide?

Direction to the respondent authorities to consider the claim of the petitioners for condonation of age.

Sarala Kalita and 2 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010150162017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 7333/2017

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1:SARALA KALITA and 2 ORS.

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W/O SUCHANDRA KALITA VILL and P.O/P.S. UMRANGSO DIST. DIMA HASAO

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2: SHUDIPA DEVNATH

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W/O HARI KAMAL DEVNATH VILL- and P.O. HATIKHULI

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PS. LANGLING DIST. DIMA HASAO

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3: BHARATI BORUAH CHETIA D/O SHASHI BORUAH VILL- UMRANGSO

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16 KM DALMIA P.O. /P.S. UMRANGSO

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DIST. DIKAM HASA

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VERSUS

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1:THE STATE OF ASSAM and 2 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-03.

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3:MISSION DIRECTOR SARBA SHIKSA ABHIYAN SS

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Advocate for the Petitioner : MR.S HUSSAIN

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Advocate for the Respondent : SC, ELEMENTARY EDUCATION

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 13-02-2020

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Heard Mr. B. Chakraborty, learned counsel for the petitioners. Also heard Mr. P. Bora, learned Standing Counsel, Education (Elementary) Department and Mr. S. Bora, learned Standing Counsel, SSA.

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Considering the submission made by Mr. Chakraborty, learned counsel for the petitioners that the petitioners will be satisfied for the time being if a direction is issued to the respondent authorities to consider the claim of the petitioners for condonation of age bar for regular appointment to the posts of L.P. Teachers in L.P. Schools in terms of the direction issued by this Court in WP(C) No. 6880/2017 and WP(C) No. 6955/2017, disposed of on 20.03.2019, the present petition is disposed of with the following direction.

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The petitioners were initially appointed as Siksha Mitras under the Sarba Shiksha Abhiyan (in short, SSA) for imparting education to young children in remote areas of the State under certain Scheme called ‘Education Guarantee Scheme’ (in short, EGS) and they were regularly appointed in different EGS Centres established for that purpose. Subsequently, the State Government took a policy decision sometime in 2009-2010 to convert the EGS Centres to regular primary schools and all those Siksha Mistras who were appointed under the aforesaid scheme, would be also brought in as Teachers of the primary schools subject to the condition that they pass the Special TET devised for that purpose and also providing in condonation of age in respect of those who passed such Special TET.

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It is the contention of the petitioners that in the first round of process of conversion of the EGS Centres to LP schools, the procedure involved provided specifically for condation of age in respect of all who passed special TET. However, in the subsequent process initiated by the State authorities for converting the EGS Centres to LP Schools, the said provision of condonation of age of the Siksha Mitras those who passed TET for appointment as LP School Teachers was not provided.

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As a result, though the petitioners have passed TET Examination and are serving as Siksha Mitras under the aforesaid EGS scheme, because of the non provision of condonation of age as the petitioners have crossed upper age limit, they have been faced with the

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prospect of not being accommodated in the converted LP Schools.

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It has been submitted by learned counsel for the petitioners that on earlier occasion, similarly situated persons had approached this Court by filing the writ petitions, namely, WP(C) No. 6680/2017 and WP(C) No. 6955/2017, which were disposed of by this Court vide order dated 20.03.2019 with the direction to the respondent authorities to consider condonation of age of such Siksha Mitras who had successfully appeared in the Special TET examination and it is the similar direction which is being sought in the present case.

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Mr. Bora, learned Standing Counsel, SSA has also fairly admitted that the case of the petitioners also be considered in similar line with the direction issued by this court in the aforesaid writ petitions, WP(C) No. 6880/2017 and WP(C) No. 6955/2017 .

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Accordingly, the present petition is disposed of by directing the respondent authorities to consider claim of the petitioners for condonation of age in the event they have crossed the upper age limit in terms of the direction issued by this Court as referred to above.

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JUDGE

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Comparing Assistant

Sarala Kalita and 2 Ors. v. the State of Assam and 2 Ors.

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Sarala Kalita and 2 Ors. v. the State of Assam and 2 Ors.

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