Allowed

Abhoy Paurel and 2 Ors. v. the State of Assam and 4 Ors.

Gauhati HC9 Aug 2021WP(C)/2713/2021

Case brief

AI extract

What is this about?

The Gauhati High Court entertained a writ petition regarding teachers' entitlement to a provincialised post. The court deleted other petitioners and directed the Director of Education to verify student numbers. If 80 students exist in the subject, the matter should proceed for provincialisation.

What did the court decide?

Directed Director of Education to verify student numbers within one month; if over 80, place matter with District Scrutiny Committee for provincialisation consideration.

Abhoy Paurel and 2 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010066872021

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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)/2713/2021

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ABHOY PAUREL AND 2 ORS

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S/O. HEM NATH PAUREL, LECTURER (PGT), ROWTA COLLEGE SR. SECONDARY SCHOOL, ROWTA CHARIALI, UDALGURI, BTR, ASSAM784508.

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2: SMT. SUPRABHA DEVI D/O. HEM NATH PAUREL LECTURER (PGT) ROWTA COLLEGE SR. SECONDARY SCHOOL ROWTA CHARIALI UDALGURI BTR ASSAM-784508.

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3: BABUL CH BORO S/O. LT. NANI RAM BORO LECTURER (PGT) ROWTA COLLEGE SR. SECONDARY SCHOOL ROWTA CHARIALI UDALGURI BTR ASSAM-784508

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI-06.

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2:THE DIRECTOR OF SECONDARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI-19.

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3:THE INSPECTOR OF SCHOOLS UDALGURI DISTRICT CIRCLE UDALGURI BTR ASSAM-784509.

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4:THE PRINCIPAL ROWTA COLLEGE SR. SECONDARY SCHOOL ROWTA CHARIALI UDALGURI BTR ASSAM-784508. 5:THE SECRETARY EDUCATION DEPTT. BTC KOKRAJHAR

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Advocate for the Petitioner : MR. MD S HOQUE

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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09.08.2021

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Heard Mr. S Hoque, learned counsel for the petitioner, Mr. SMT Chisti, learned counsel for the respondents No.1 and 2 being the authorities under the Secondary Education Department of the Government of Assam and Ms. RB Boro, learned counsel for the respondents No. 3 and 5 being the authorities under the BTC. Considering the nature of the order proposed to be passed, notice is not required to be issued to the respondent No.4 at this stage.

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We have taken note of that three persons namely Sri Abhoy Paurel, Smti Suprabha Devi and Sri Babul Ch Boro have instituted this writ petition claiming it

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to be a common cause of action. The cases of all the petitioners are that they are teachers in the Rowta College Senior Secondary School, Udalguri and in the respective subjects of which they are teachers, the school has more than 80 students and therefore, under the provisions of Section 3(ix) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, they are entitled for provincialisation (in short Act of 2017).

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Although it is the claim of the petitioner that it is a common cause of action, we are unable to accept the said contention from the point of view that the cause of action which is dependent on the legal right of the respective petitioners which arises on a factual satisfaction as to how many number of students are there in the school in the respective subjects of which they are teachers. Merely because the College or the school is a common institute that by itself will not make it to be a common cause of action. From the said point of view, we are entertaining this writ petition only on behalf of the petitioner No.1 Sri Abhoy Paurel and delete the petitioners No. 2 and 3 Smti Suprabha Devi and Sri Babul Ch Boro respectively, but they are given the liberty to approach this Court again if so advised.

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The petitioner Sri Abhoy Paurel was initially appointed as a Lecturer in the subject Political Science in the Second Post in Rowta College Senior Secondary School as per the resolution of the Governing Body and he has been serving as such since 01.10.1995. A specific statement is made in paragraph 21 of the writ petition that presently the subject Political Science has 131 numbers of students, who are enrolled.

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Section 3(ix) of the Act of 2017 inter-alia provides that when the minimum number of students appearing in the last final examination of the highest class

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of the school concerned for a given particular subject exceeds 80, the school would be entitled for provincialisation of one additional post and if the numbers of students exceeds 150, the school would be entitled for provincialisation of another additional post.

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In view of the statement that in the subject Political Science in the last final examination of Class XII, the Rowta College Senior Secondary School had 131 students in the subject Political Science and the petitioner being a teacher in the subject Political Science, the petitioner as well as the Rowta College Senior Secondary School are prima-facie entitled for an additional post of Political Science as per the provisions of Section 3(ix) of the Act of 2017.

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But before proceeding further, there has to be a factual determination by the authorities as to what exactly is the number of students in the subject Political Science in the Rowta College Senior Secondary School. The entitlement for an additional post would flow only subsequent to such determination of the number of students being enrolled in the subject Political Science.

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From the said point of view, instead of issuing notice, we direct the Director of Education, BTC to make a factual verification from the record of the school as to the number of students in the subject Political Science in the last final examination of the school. If the number of students enrolled is found to be more than 80, the Director may process the matter further and place it before the District Scrutiny Committee for further consideration on the entitlement of the petitioner to be provincialised against an additional post in the subject Political Science. The above requirement be done by the Director over the above any other procedure that the Director may have adopted for the purpose.

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The requirement of arriving at the factual satisfaction by the Director be done within a period of one month from the date of receipt of a certified copy of this order and thereafter, if the factual determination is in favour of the petitioner, the service particulars of the petitioner be placed before the District Scrutiny Committee of Udalguri district.

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The writ petition is disposed of in the above terms.

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JUDGE

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Comparing Assistant

Abhoy Paurel and 2 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Abhoy Paurel and 2 Ors. v. the State of Assam and 4 Ors.

Case brief

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