Writ petition challenging appointment of non-Scheduled Caste teachers in reserved Scroll Caste posts filed with significant delay. Court dismissed petition on grounds of laches, acquiescence, and the delay in asserting rights.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010183392022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5942/2022
SHASHANKA ROY AND 28 ORS. S/O- LATE KALIDAS ROY, R/O- VILLAGE- NAYAGRAM, P.O.- DHALIBILL, P.S.- R.K. NAGAR, PIN CODE 788166, DISTRICT- KARIMGANJ, ASSAM.
2: NABENDU ROY S/O- LATE NANIGOPAL ROY
R/O- VILLAGE- MIRJANAGAR
P.O. JANAKALYAN BAZAR P.S. KARIMGANJ PIN CODE- 788720 DISTRICT- KARIMGANJ ASSAM.
3: RANJAN KANTI ROY S/O- LATE RASAMOY ROY
R/O- VILLAGE RATABARI
P.O.- BARIJALA
P.S. RATABARI
DISTRICT- KARIMGANJ ASSAM. PIN CODE - 788734.
4: HIMANGSHU ROY S/O- SRI HARAMOHYAN ROY
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R/O- VILLAGE AND P.O.- BARUJALA
P.S. RATABARI PIN CODE- 788734 DISTRICT- KARIMGANJ ASSAM.
5: KALPANA ROY C/O- LATE KOKIL CHANDRA ROY
R/O- VILLAGE AND P.O.- BARUJALA
P.S. RATABARI PIN CODE- 788734
DISTRICT- KARIMGANJ ASSAM.
6: SHIPRA RANI ROY C/O- ASHUTOSH ROY
R/O VILLAGE AND P.O. KARIMGANJ
DISTRICT- KARIMGANJ ASSAM. PIN CODE- 788710.
7: PURABI SARKAR C/O. LATE PROMODH CHANDRA SARKAR R/O- VILLAGE AND P.O.- ANIPUR
P.S.- RATABARI PIN CODE- 788734
DISTRICT- KARIMGANJ ASSAM.
8: SANTA RANI NAMASUDRA C/O- SRI SADAN NAMASUDRA
R/O- VILLAGE AND P.O.- BHATGRAM
PIN CODE- 788710.
9: DULU BHUSHAN ROY S/O. LATE SUKHLAL ROY
R/O- VILLAGE AND P.O. BARUALA
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P.S.- RATABARI PIN CODE- 788734
DISTRICT- KARIMGANJ ASSAM.
10: NABENDU ROY S/O- LATE NAGENDRA CHANDRA ROY
R/O- VILLAGE AND P.O. BARUALA
P.S. RATABARI PIN CODE- 788734.
11: TANIK BALA ROY D/O- LATE NIRANJAN ROY
R/O- VILLAGE AND P.O. BARUALA
P.S. RATABARI PIN CODE- 788734.
12: RANJU ROY S/O- LATE RAIMOHAN ROY
R/O- VILLAGE KHAGAIL
P.O.- CHATAL P.S.- KARIMGANJ
PIN CODE- 788720.
13: TAJENDRA ROY S/O- LATE D. NAMASUDRA
R/O- VILLAGE- SURIADAS
P.O.- KALIGANJ P.S.- KALIGANJ
DISTRICT- KARIMGANJ ASSAM. PIN CODE- 788720.
14: NIRANJAN ROY S/O- LATE SURENDRA ROY
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R/O- VILLAGE KURIKALA
P.O. BARUALA P.S. RATABARI DISTRICT- KARIMGANJ ASSAM. PIN CODE- 788734.
15: SUDHANGSHU DAS @ HIMANGSHU DAS S/O- LATE SUKESH DAS
R/O- VILLAGE JARAIBARI P.O. GOBINDAGANJ BAZAR P.S. RATABARI PIN CODE- 788734 DISTRICT- KARIMGANJ ASSAM. 16: HARENDRA NAMASUDRA S/O- LATE BISHNU CHANDRA NAMASUDRA R/O- VILLAGE- PADMARPARA P.O. AND P.S.- R.K. NAGAR DISTRICT- KARIMGANJ ASSAM. PIN CODE- 788166. 17: MOLOY ROY S/O- LATE MADHURAM ROY R/O- NAYAGRAM P.O.- DHALIBILL PIN CODE- 788166
DISTRICT- KARIMGANJ ASSAM.
18: PRADIP DAS S/O- LATE PULIN BIHARI DAS R/O- VILLAGE NALARPAR
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P.O. BARUALA P.S.- R.K. NAGAR PIN CODE- 788734 DISTRICT- KARIMGANJ ASSAM. 19: ASIT NAMASUDRA S/O- LATE RAJKUMAR NAMASUDRA R/O- VILLAGE- NABINGRAM
P.O.- ANILGARH P.S.- R.K. NAGAR PIN CODE- 788166
DISTRICT- KARIMGANJ ASSAM.
20: SIBANI CHOUDHURY S/O- LATE DEBESWAR CHOUDHURY
R/O- VILLAGE P.O. P.S. AND DISTRICT- KARIMGANJ ASSAM.
21: CHANDAN RAY S/O- PROHLAD RAY R/O- VILLAGE SONAPUR P.O.- OLIBIA CHERRA P.S.- RATABARI
DISTRICT- KARIMGANJ ASSAM. 22: DEBOBRATA RAY S/O PRAHLAD RAY R/O- VILLAGE SONAPUR
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P.O.- OLIBIACHERRA
P.S.- RATABARI
DISTRICT- KARIMGANJ ASSAM.
23: SANJIB MALLICK S/O- JOGENDRA MALLICK
R/O- VILLAGE KADAMTALA P.S.- R.K. NAGAR
DISTRICT- KARIMGANJ ASSAM. PIN CODE- 7887166
24: RANJIT NAMO SUDRA R/O- VILLAGE KADAMTALA
P.S. R.K. NAGAR
DISTRICT- KARIMGANJ ASSAM.
25: RAMANDU NAMO SUDRA R/O- VILLAGE KADAMTALA
P.S. R.K. NAGAR
DISTRICT- KARIMGANJ ASSAM.
26: SATYA RANJAN DAS S/O- LATE RABICHARAN DAS
R/O- VILLAGE NAYANOBIN
P.O.- FAKUAGRAM
P.S.- KALIBARI
DISTRICT- KARIMGANJ ASSAM.
27: ATIST LAL DAS S/O- LATE BISHNU DAYAL DAS
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R/O- VILLAGE- KAYANPUR
P.O.- GAMARI P.S. KALIBARI DISTRICT- KARIMGANJ ASSAM. 28: RAM CHANDRA DAS S/O- RAJENDRA DAS R/O- VILLAGE SHALIA NAGAR
P.O.- ANILNAGAR P.S.- R.K. NAGAR
DISTRICT- KARIMGANJ ASSAM. PIN CODE- 7887156.
29: SADHANA ROY D/O. HAROMOHAN ROY
R/O- VILLAGE AND P.O.- BARUALA
P.S.- RATABARI
DISTRICT- KARIMGANJ ASSAM. PIN CODE
VERSUS
THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.
3:THE DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT- KARIMGANJ
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ASSAM PIN- 788710.
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ DISTRICT- KARIMGANJ ASSAM. PIN- 788710
Advocate for the Petitioner : MR. R MAJUMDAR
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
16/11/2022
Heard Mr. R Mazumdar, learned counsel for the applicants and Mr. G Pegu, learned Standing counsel, Elementary Education Department for the respondent/opposite party Nos. 1 to 4.
2. In view of the order passed today in the connected I.A. (Civil) No. 2874/2022, the Secretary to the Government of Assam in the WPT & BC Department, Dispur, Guwahati-6 has been impleaded as party respondent No. 5 in the present proceeding.
3. Mr. R Dhar, learned Standing counsel, WPT & BC Department has entered appearance on behalf of the newly impleaded respondent No. 5.
4. Petitioners stated that they belong to Schedule Caste community from the District of Karimganj and maintaining their organization of ‘Karimganj Anushusit Jati Parishad’ that is affiliated to the ‘Assam State Anusuchit Jati Parishad’ which looks after the interest of the Schedule Caste people.
5. Petitioners contended that under the various schemes of the State Government under WPT & BC Department, people from the reserved community, like the petitioners received benefits under TSP Scheme, SCCP Scheme etc. for the purpose of financial assistance under the SCC Plan allocated to the State Government were distributed Sub-Division wise and accordingly, for Karimganj Sub-Division under the Sector of Elementary Education, a sum of Rs.37.54 lakhs were allocated under the Scheme of Schedule Caste Component Plan (SCCP) for the welfare and educational upliftment of the Schedule Caste people of the Karimganj Sub-Division during 1992-1993 and that said allocated amount was
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distributed under the 9th Plan while taking over Primary Schools, conversing Single Teacher Primary Schools into Double Teacher Primary Schools and thereby 94 posts of Stipendiary Teachers were created.
6. Petitioners stated that those stipendiary posts of Teachers were selected by the Sub-Divisional Schedule Caste Welfare Board of Karimganj and the Karimganj District Anusuchit Jati Parishad submitted detail list of candidates to the District Elementary Education Officer, Karimganj, but the petitioner came to know that those 94 posts were not filled up by the Schedule Caste selected candidates/beneficiaries. As such, they sought for a list of beneficiary candidate who were appointed as stipendiary teachers in those 94 posts. The District Elementary Education Officer, Karimganj accordingly furnished them the list of stipendiary teachers who were already appointed to the Karimganj Anusuchit Jati Parishad and that revealed that out of 94 posts, only 10 candidates were appointed from Schedule Caste community and the rest 84 candidates were appointed from amongst Non-Schedule Caste community and those posts ought to have been filled up from the Schedule Caste community.
7. The petitioners stated that the DEEO, Karimganj totally ignored the policy of the Government in selecting those 94 stipendiary teachers under the SCC Plan Scheme and as such, the appointment of Non-Schedule Caste teachers under the said scheme during 1992-1993 was against the interest of the Schedule Caste candidates.
8. Being aggrieved with said action on the part of the DEEO, Karimganj, some members of the said organization filed a writ petition being Civil Rule No. 1221/1993 challenging the illegal action of the DEEO, Karimganj. The Court by order dated 13.11.1996 dispose of said Civil Rule No. 1221/1993 preferred by some of the members of the association directing the respondent authorities to distribute and the stipend given by the Central Government to the Schedule Caste teachers only and under no circumstances, the District Authority should distribute the money allocated for the Schedule Caste teachers to Non-Schedule Caste teachers. The other candidates belonging to General category who received the stipend may be paid the same out of the fund, if any, by the State Government from the General category fund but under no circumstances the State Government should distribute the money for Schedule Caste teachers to General category teachers.
9. With the said order of the Court dated 13.11.1996, the Karimganj District Anusuchit Jati Parishad and the Chairman of the Schedule Caste Development Board, Karimganj submitted memorandum to the Director of Elementary Education, Assam on 12.03.1999 and pursuant to the
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same, a detail report regarding the deprivation of the Schedule Caste candidates in the district of Karimganj was sought for from the Deputy Inspector of Schools, Karimganj. Accordingly, the said Deputy Inspector submitted the detail report on 13.12.1999. Thereafter, the Secretary in the Elementary Education Department requested the Deputy Inspector of Schools, Karimganj on 07.02.2001 to adjust the service of 84 nos. of candidates as enclosed with the said order of the Secretary against the available vacancies under the jurisdiction of the Deputy Inspector, Karimganj towards compliance of the order dated 13.11.1996 passed in Civil Rule No. 1221/1993.
10. Since the Deputy Inspector of Schools, Karimganj failed to appoint the rest of the teachers from amongst the Schedule Caste candidates, the Association concerned filed a writ petition being WP(C) No. 2407/2001. The Court on 02.04.2001 while issuing notice in said WP(C) No. 2407/2001 in the interim observed that – ‘in the meanwhile, 84 posts meant for Schedule Caste candidates in Karimganj Sub-Division as indicated vide letter dated 07.02.2001 of the Government of Assam in the Elementary Education Department shall not be filled up by Non-Schedule Caste candidates.” Said WP(C) No. 2407/2001 was disposed of on 28.07.2005 by making the said interim order dated 02.04.2001 passed earlier in the said proceeding as absolute further clarifying that there cannot be any dispute that the posts reserved for Schedule Caste candidates are to be filled up by candidates from the Schedule Caste community only and not otherwise.
11. Petitioners further stated that since there was no direction from the Court either in the order dated 02.04.2001 or in the order dated 28.07.2005 in said WP(C) No. 2407/2001, the respondent authorities did not take any steps in the implementation of the order dated 13.11.1996 passed in Civil Rule No. 1221/1993.
12. Petitioners stated that though the respondents in the Education Department in the year 2011 took some steps, made some enquiry and obtained some reports that 94 posts of stipendiary teachers in Elementary Schools in Karimganj Sub-Division was allotted on 04.09.1991 for the candidates belonging to Schedule Caste community, but out of those 94 posts reserved for SC community, only 10 belonging to SC community were appointed and the remaining 84 posts were filled up by NonSchedule Caste candidates.
13. Petitioners placed before the Court that some of the members of the petitioners’ organization, namely, Karimganj District Anusuchit Jati Parishad filed a writ petition being WP(C) No. 1785/2012 that was disposed of on 10.05.2022 with the observation that – the WPT & BC Department shall provide the petitioners’ association with a list of persons who were the beneficiaries of an amount of
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Rs.10,34,000/- that was earmarked for the persons belonging to the SC category and once the list is made available, the petitioner may examined it for themselves and if they find that any such person do not belong to the SC/ST category were also the beneficiaries, appropriate representation to be made to the WPT & BC Department of the Government of Assam for paying the proportionate amount to any stipendiary teachers belonging to SC category of Karimganj District who otherwise would have been the beneficiaries of the said amount.
14. The petitioners submitted that they are the members of the same organization and also in the same footing and accordingly, they have approached this Court with a prayer to dispose of their writ petition as per the order dated 10.05.2022 passed by this Court in WP(C) No. 1785/2012 being the similarly situated persons.
15. The petitioners amongst others also prayed for a direction to the respondent authorities to appoint them who were selected as beneficiaries of those 84 left out beneficiaries against the backlog vacant posts kept pending as per the direction of the Hon’ble Court within a specific period.
16. From the statements made by the petitioners in this petition, it can be seen that the fund sanctioned by the Central Government relates to the 9th Plan and appointments were made in the year 1991-1992. The posts of stipendiary teachers under the scheme are public posts which are to be filled up by due advertisement and selection following the provisions of Article 14 and 16 of the Constitution of India and the relevant recruitment Rules to the posts of stipendiary teachers in the Elementary Schools that was in force at the relevant point of time. But the petitioners admitted that teachers for those stipendiary posts were selected by the Sub-Divisional Schedule Caste Welfare Board of Karimganj and Karimganj District Anusuchit Jati Parishad who submitted the detail list of candidates to the District Elementary Education Officer, Karimganj.
17. From the perusal of the orders of the Court dated 13.11.1996 passed in Civil Rule No. 1221/1993 and 02.04.2001 as well as 28.07.2005 in WP(C) No. 2407/2001, it can be seen that the Court did not direct the respondent authorities in the Elementary Education Department or in the WPT & BC Department of the State to appoint any candidates to the post of stipendiary teachers in Karimganj Sub-Division from the list selected and submitted by the Sub-Divisional Schedule Caste Welfare Board of Karimganj and Karimganj District Anusuchit Jati Parishad, in which the petitioners claimed that their names figured in it.
18. It is to be noticed that only after the order of the Court dated 10.05.2022 passed in WP(C)
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No. 1785/2012, the present petitioners have woke up and filed this petition praying for similar prayers as that of the said order dated 10.05.2022 without considering the fact that the said writ petition was filed in the year 2022 by some of the members of the Karimganj District Anusuchit Jati Parishad.
19. From the perusal of the petition, it is seen that the petitioners are fully aware of the fact that out 94 posts reserved for candidates belonging to SC community as stipendiary teachers in Elementary Schools, only 10 candidates belonging to SC community were appointed and the remaining 84 candidates belonging to General and other categories and that they were appointed in the year 1991-1992.
20. Petitioners have prayed to appoint them in those 84 left out beneficiaries against the backlog vacant posts on the basis of their selection made by the Sub-Divisional Schedule Caste Welfare Board of Karimganj and Karimganj District Anusuchit Jati Parishad.
21. The petitioners have failed to place anything before the Court with regard to the delay in preferring this writ petition. The present petition has been filed by the petitioners in their individual capacity and not as the Karimganj District Anusuchit Jati Parishad.
22. In a case relating to promotion in service, the Hon’ble Supreme Court in the case of Jagadish Lal Vs. State of Haryana reported in (1997) 6 SCC 538 have held that – “the delay disentitles the party to the discretionary relief under Article 226 or Article 32 of the Constitution. Suffice to state that the appellants kept sleeping over their rights for long and elected to wake up when they had the impetus.”
23. In the case of State of Uttar Pradesh and Ors. Vs. Arvind Kumar Srivastava and Ors. reported in (2015) 1 SCC 347 pertaining to the advertisement made in the year 1986 for the posts of Humeopathic Compounder and Ward Boys and selection to such posts were appointments made pursuant to such selection which were later cancelled by orders dated 22.06.1987, the Hon’ble Supreme Court have held that – “the normal rule is that when a particular set of employees is given relief by the Court all other identically situated persons need to be treated alike by extending that benefit. However, this principle is subject to well-recognized exceptions in the form of laches and delays as well as acquiescence. Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their counterparts who had approached the Court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated
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persons be extended to them. They would be treated as fence-sitters and laches and delays and/or the acquiescence, would be a valid ground to dismiss their claim.”
24. In the case in hand, the petitioners failed to give any valid reason of the lacks of time and there is no reasonable explanation for their delay in approaching the Court and negligence in pursuing their rights. In the meanwhile, by making necessary appointments to those 84 posts of stipendiary teachers reserved for Schedule Caste community in the year 1991-1992 rights of the third parties have already accrued and they were not made parties in the present proceeding. Moreover, if at this belated stage, the claim of the petitioners is allowed after such delay and negligence, it would affect the rights of the innocent third parties.
25. For the reasons above, this writ petition, being filed at a belated stage and the petitioners being fence-sitters are not entitled for their remedy and rights, as prayed, for under the writ jurisdiction on account of their delay and laches in approaching the Court.
26. Accordingly, this writ petition stands dismissed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a writ petition filed decades after the relevant appointment was eligible for a remedy given the petitioners' delay and inaction.
Whether the principle of laches bars the petitioner from claiming rights in reserved posts after other similarly situated candidates were appointed long ago.
Colour shows how this judgement treated each authority
Jagadish Lal Vs. State of HaryanaRelied on¶135
Jagadish Lal Vs. State of Haryana (1997) 6 SCC 538 · Who else cites this
State of Uttar Pradesh and Ors. Vs. Arvind Kumar Srivastava and Ors.Relied on¶136
State of Uttar Pradesh and Ors. Vs. Arvind Kumar Srivastava and Ors. (2015) 1 SCC 347 · Who else cites this
SHASHANKA ROY AND 28 ORS.
THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
