Disposed

Bhaskar Jyoti Deka v. the State of Assam and 6 Ors.

Gauhati HC16 Jun 2022WP(C)/1996/2021

Case brief

AI extract

What is this about?

Petitioner, a senior teacher aggrieved by the provincialisation of a junior teacher's service without his recommendation, sought writ relief. Court held statutory appeal under Section 14 of the 2017 Act was required. Petitioner directed to file representation/appeal with the State Government within time limit.

What did the court decide?

Petitioner directed to submit representation/appeal before Secretary, Elementary Education Department, Assam by 02.07.2022 with full details and annexures.

Bhaskar Jyoti Deka Vs the State of Assam and 6 Ors. — Writ and Judicial Review | Gauhati HC (2022)

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GAHC010050422021

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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)/1996/2021

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BHASKAR JYOTI DEKA

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S/O LATE LAKHI RAM DEKA, VILL. BAMA, P.O. KARARA, P.S. BAIHATA CHARIALI, DIST. KAMRUP (R), PIN 781381, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI 781006

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2:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI 781019 3:THE DIST. ELEMENTARY EDUCATION OFFICER (DEEO) KAMRUP (R) DIST. PIN 781382

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4:THE BLOCK ELEMENTARY EDUCATION OFFICER

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KARARA KAMRUP (R) DIST. PIN 781381 5:THE STATE LEVEL HIGH POWER COMMITTEE REPRESENTED BY THE SENIOR MOST SECY. TO THE GOVT. OF ASSAM EDUCATION DEPTT. GUWAHATI PIN 781006

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6:THE DIST. SCRUTINY COMMITTEE

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REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER AMINGAON DIST. PIN 781380

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7:PARESH CH. DEKA

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(ASSTT. TEACHER) PUSPA BHADRA M.E. SCHOOL BAMA KARARA BLOCK KAMRUP (R) PIN 78138

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Advocate for the Petitioner : MR. A DEKA

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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16.06.2022

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Heard Mr. A Deka, learned counsel appearing for the petitioner and Ms. N Phukan, learned Standing counsel, Elementary Education Department, Assam for the respondent Nos. 1 to 5. Also heard Mr. P Saikia, learned Government Advocate, Assam for the respondent No.6.

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It is stated by the petitioner that he is the 2^nd senior most Assamese Teacher in Arts at Puspa Bhadra M.E. School under Karara Education Block, District-Kamrup (Rural) and serving in the said School w.e.f., 15.01.1998 since its venture stage.

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The petitioner is aggrieved as the respondent authorities disregarding his better claim and violating the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act 2017, that came into force w.e.f. 05.05.2018 provincialised the service of the respondent No. 7 as Social Science Teacher of said Puspa Bhadra M.E. School, District-Kamrup (Rural), who is much junior to him in service.

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Though, the District Scrutiny Committee for Elementary Education of District-Kamrup (Rural) recommended petitioner’s name for provincialisation of his service as 2^nd Assistant Teacher (post) in Puspa Bhadra M.E. School under Karara Educational Block, district-Kamrup (Rural), but the State Level Scrutiny Committee did not recommend his name for provincialisation under the provisions of said 2017 Act, as amended in 2018.

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Thereafter, the petitioner filed a representation before the Commissioner & Secretary to the Government of Assam in the Elementary Education Department on 04.03.2019 for redressal of his grievances praying for provincialisation of his service and the said authority forwarded his said representation to the Director of Elementary Education, Assam on 15.05.2019.

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Pursuant to the same, the Director of Elementary Education, Assam vide letter dated 05.12.2019 requested the District Elementary Education Officer, Kamrup (Rural) to verify and furnish report in respect of staff of said Puspa Bhadra M.E. School of the petitioner for provincialisation under the said 2017 Act, who in turn, on 26.12.2019 requested the Block Elementary Education Officer, Karara to verify the same and asked to submit verification report in respect of staff of said Puspa Bhadra M.E. School.

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Thereafter, the BEEO, Karara, District-Kamrup (Rural) by letter dated 07.01.2020 submitted a report before the DEEO, Kamrup, Dadara.

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In spite of that, as the respondent authorities provincialised the service of the respondent No.7 under the provisions of said 2017 Act in Puspa Bhadra M.E. School without considering his case, the petitioner being aggrieved has preferred this writ petition.

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The Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act 2017 has been enacted w.e.f. 14.03.2018, i.e. from the date of its publication in the Assam Gazette (Extraordinary) to provincialise the services of the teachers of the Venture Educational Institutions (VEI) and also to re-organize and streamline the educational institutions up to Degree Level so as to conform to the prevailing statutory norms and standards with a further objective to restrict any further growth of such Venture Educational Institutions (VEI) in the State of Assam.

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Section 3 (1) (xi) of the said 2017 Act provides for one teacher each in Language, Social

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Science, Science and Mathematics for provincialisation and it is stated that the respondent No.7 being the 2^nd Language Teacher of said Puspa Bhadra M.E. School, is beyond the provision of said Section 3 (1) (xi) of the said 2017 Act.

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The provisions of Sub-Sections (1) (2) (3) (10) (11) (12) of Section 13 of the said 2017 Act relate to the District Scrutiny Committees and the State Level Scrutiny Committee.

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The District Scrutiny Committee for Elementary Education specially constituted with the Deputy Commissioner of the District concerned is required to recommend the names of the concerned Teachers for provincialisation under the said 2017 Act, as amended in 2018 to the State Level Scrutiny Committee and the State Level Scrutiny Committee after necessary physical verification of all institutions and on inspection of all documents and records produced before it and on calling of such other records and documents as may be is required to recommend the names of the concerned Teacher/Tutors towards their provincialisation.

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When, there arise a difference between the recommendation of the District Scrutiny Committee and the physical verification report caused by the State Level Scrutiny Committee, the matter is required to be placed before the State Level Scrutiny Committee where the decision of the State Level Scrutiny Committee is final.

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Section 14 of the said 2017 Act, as amended in 2018 provides for an Appellate Authority which stipulates as follows-

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“ The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Level 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 ”.

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The Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act 2017, amended in 2018 is a complete Act. In the Act itself, there is statutory provision of an Appellate Authority, as noted above.

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As such, the petitioner is required to approach the State Government in the Elementary Education Department by preferring an appeal under Section 14 of the said 2017 Act, as amended in 2018 for redressal of his grievances, if any.

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It is to be noted herein that Section 14 of the 2017 Act does not provide for any such

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limitation period in preferring any such appeal.

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It is also seen that instead of approaching the State Government in the Elementary Education Department in an appeal for redressal of his grievances, the petitioner has preferred this writ petition.

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During the deliberation of the matter, learned Standing counsel, Elementary Education Department, Assam apprised the Court that presently there is no such Principal Secretary/Commissioner & Secretary in the Elementary Education Department of the State and there is only a Secretary to the Government of Assam in the Elementary Education Department.

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In view of the above, this writ petition is disposed of at the motion stage itself, directing the petitioner to submit a representation/appeal before the Secretary to the Government of Assam in the Elementary Education Department for redressal of his grievances in rejecting his candidature for provincialisation under the said 2017 Act, as amended in 2018, in spite of the recommendation of the District Scrutiny Committee for Elementary Education in the District of Kamrup (Rural) as 2^nd Assistant Teacher (post) at Puspa Bhadra M.E. School under Karara Educational Block.

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Petitioner shall submit its representation/appeal before the Secretary, Elementary Education Department on or before 02.07.2022 stating his grievances along with a certified copy of this order and copy of this writ petition including the Annexures appended thereto, obtaining necessary acknowledgment from the said authority in that regard, providing his full address, mobile number, telephone number, email address etc. for communications.

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In the event of filing such representation/appeal by the petitioner on or before 02.07.2022 as directed above, the Secretary, Elementary Education Department, Assam after considering all the relevant documents, records, appointment orders, Attendance Registers etc. and giving an opportunity of hearing to both the petitioner and the respondent No. 7 as well as the District Elementary Education Officer, Kamrup (Rural), Dadara; the Block Elementary Education Officer, Karara, District-Kamrup (Rural) and the authorities of the School Managing Committee as well as the Headmaster of said Puspa Bhadra M.E. School shall dispose of the representation/appeal of the petitioner within a period of 3 (three)

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months from the date of receipt of said appeal of the petitioner, with a reasoned order, intimating him about the outcome of the same.

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The provincialisation of service of the respondent No. 7 as a Tutor of said Puspa Bhadra M.E. School vis-à-vis the petitioner shall be subject to the outcome of the said appeal of the petitioner to be decided by the Secretary to the Government of Assam in the Elementary Education Department.

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The interim order passed earlier on 22.03.2021 stands merged with this order.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Bhaskar Jyoti Deka v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Bhaskar Jyoti Deka v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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