Dismissed

Bimal Chandra Roy v. the State of Assam and 6 Ors.

Gauhati HC2 Sept 2021WP(C)/8079/2017

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a writ petition filed by an Assistant Teacher challenging his termination by a Management Committee of a venture educational institution. The Court held the writ petition was not maintainable in light of the Abdul Gofur Mondal full bench judgment, directing the petitioner to approach the appropriate Educational Tribunal. The court summarised the legal bar on challe

What did the court decide?

Petitioner directed to approach the appropriate Educational Tribunal.

Bimal Chandra Roy Vs the State of Assam and 6 Ors. — Writ and Judicial Review | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010060122017

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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)/8079/2017

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BIMAL CHANDRA ROY

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S/O. LAKSHMI KR. ROY, VILL. KISMAT HASDAHA PT. IV, P.O. KISMAT HASDAHA, P.S. and DIST. DHUBRI, ASSAM, PIN-783334.

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VERSUS

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THE STATE OF ASSAM and 6 ORS REP. BY THE COMM. and SECY., ELEMENTARY EDUCATION, GOVT. OF ASSAM, DISPUR, GHY.-781006.

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2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-781019. 3:THE DIST. ELEMENTARY EDUCATION OFFICER DHUBRI DIST. DHUBRI ASSAM PIN-783301. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR DIST. DHUBRI ASSAM PIN-783348. 5:THE DY. COMMISSIONER DHUBRI DIST. DHUBRI ASSAM PIN-783301.

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Page No.# 2/4

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6:NAJRUL ISLAM HEAD MASTER and MEMBER SECRETARY OF THE SCHOOL MANAGEMENT COMMITTEE BEPARIPARA M.E. SCHOOL DHARMASALA P.O. DHARMASALA DIST. DHUBRI ASSAM PIN-783324. 7:MATIOR RAHMAN BEPARIPARA M.E. SCHOOL DHARMASALA P.O. DHARMASALA DIST. DHUBRI ASSAM PIN-783324

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Advocate for the Petitioner : MR B ACHARYYA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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O R D E R

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02-09-2021

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Heard Mr. H. A. Sarkar, learned counsel for the petitioner and Mr. S. P. Bhattacharjee, learned and Standing counsel, Elementary Education Department of the State for the respondent Nos. 1 to 4. Also heard Mr. B. Deuri, learned Government Advocate, Assam for the respondent No. 5.

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2) It is contended by the petitioner that he was serving as an Assistant Teacher in Beparipara M.E. School, Dharmasala in the Gouripur Education Block of Dhubri District. On 29.08.2016 the School Managing Committee (SMC, in short) of the said school issued him a show-cause notice and the said Committee w.e.f. 15.09.2016 terminated the service of the petitioner from the said school.

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Page No.# 3/4

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3) Hence this writ petition by the petitioner praying amongst others for setting aside his said termination order dated 15.09.2016 issued by the Headmaster-cum-Member Secretary of the Managing Committee of the said school pursuant to the resolution adopted by the SMC of the school on 14.09.2016. The petitioner further prayed to direct the SMC of the school to rectify the final list of teachers submitted by the school authority for provincialisation of the teaching and non-teaching staff of the said school and to resubmit the same incorporating his name as one of the Assistant Teacher of the school placing him above the respondent No.7.

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4) The school involved in this case is purely a venture educational institution and its management, control and supervision lies with the Managing Committee of the said school. It is also seen that the SMC of the school on 14.09.2016 resolved to take action against the petitioner and he was terminated from service by an order dated 15.09.2016 after issuing him show cause notice on 29.08.2016.

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5) A Full Bench of this Court in the case of Abdul Gofur Mondal -Vs- State of Assam and Others, reported in 2015 (2) GLT 337 (FB) had held that dispute pertaining to such kind of termination from service and/or disciplinary proceeding as well as the claim for provincialisation of an incumbent serving in any such venture educational institution, writ proceeding is not maintainable. As no one can be left to remedy less, the full Bench of this Court in the said case of Abdul Gofur Mondal (supra) directed the State Government in the Education Department to constitute Educational Tribunals. Accordingly, the State Government in the Education Department with the approval of this High Court by Notifications No. ELC/WP(C)2272/ 2013/403/194 dated 03.12.2015 and No. ELC/WP(C)2272/ 2013/403/196 dated 02.06.2016 designating the Court of the District Judges and Additional District Judges of the districts concerned of Assam to function as Educational Tribunals in their respective districts to adjudicate disputes relating to the teaching and non-teaching staff of the non-Government Educational Institutions as well as disputes concerning disciplinary action and also the claim for provincialisation in service in respect of teaching and nonteaching staff of venture Educational Institutions within their respective territorial jurisdiction from the date of issuance of those Notifications.

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6) Since the petitioner is claiming reinstatement of his service in a privately managed venture M.E. School and also for provincialisation of his service in the said school placing him

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Page No.# 4/4

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above the respondent No. 7, such disputes, in terms of the full Bench decision passed in the case of Abdul Gofur Mondal (supra) cannot be entertained in this writ proceeding.

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7) In view of the above, this writ petition, being not maintainable, stands dismissed.

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8) However, the petitioner may approach the appropriate Educational Tribunal for redressal of his grievances, if so advised.

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JUDGE

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Comparing Assistant

Bimal Chandra Roy v. the State of Assam and 6 Ors.

Case brief

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Bimal Chandra Roy v. the State of Assam and 6 Ors.

Case brief

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