Petitioner challenged termination of service as a school gardener in 2009. The Court held he failed to prove appointment followed due process. Relying on UMA DEVI, Court refused regularization despite long service. Writ petition dismissed.
null
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.
Page No.# 1/5
GAHC010021292017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2545/2017
ARABINDA BARO
S/O LT. BOGA RAM BARO R/O VILL- MATHATULI P.O. BARAMA, DIST. BAKSA, BTAD, PIN - 781346.
VERSUS
THE STATE OF ASSAM and 7 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI - 781006.
2:THE DIRECTOR
SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI -781019.
3:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR.
BODOLAND TERRITORIAL COUNCIL KOKRAJHAR
5:THE SECRETARY OF EDUCATION
BODOLAND TERRITORIAL COUNCIL KOKRAJHAR
6:THE INSPECTOR OF SCHOOLS
Page No.# 2/5
BAKSA DISTRICT CIRCLE BAKSA BTAD 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI -6. 8:THE HEAD MASTER
BARAMA GIRLS HIGH SCHOOL P.O. BARAMA DIST. BAKSA BTAD PIN - 781346 ASSA
Advocate for the Petitioner : MR.A R SHOME
Advocate for the Respondent : SC, SECONDARY EDUCATION
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 20.03.2023
Heard Mr. A.R. Shome, learned counsel for the petitioner, Mr. R. Mazumdar, learned standing counsel for the Secondary Education Department appearing for respondent nos. 1 and 2, Mr. S. Boro, learned counsel appearing on behalf of Mr. R.K. Musahary, learned standing counsel for the BTC appearing for respondent nos. 3 to 6 and 8 and Mr. P. Nayak, learned standing counsel for the Finance Department, appearing for respondent no.8.
Page No.# 3/5
India, the petitioner is seeking a direction upon the respondent authorities to set aside the impugned order dated 05.02.2009 passed by the learned Director of Education, BTC by which his service was terminated.
Page No.# 4/5
Inspector of Schools, Baksa- Mushalpur in connection with show cause notice issued and personal hearing taken in connection with observance of formalities in respect of appointment of teachers and in respect of the petitioner, it is reflected that he had failed to submit documents to the Director of Education, BTC on his authorized officer in connection with the process of show-cause notice issued to him at the time of personal hearing. As per the said order, the petitioner was supposed to produce the following papers, viz., (a) advertisement issued by the Inspector of Schools, Nalbari, calling upon the candidates to submit the application as a candidate to fill up the posts in the school as stated in the advertisement, (b) Approval of State Level Empower Committee of the Personnel Department of Govt. of Assam to fill up the posts, (c) the records of holding interview and preparation of score sheet by the Interview Board, (d) List of selected candidates indicating vacancies of the schools to fill up the selected candidates, and (e) Approval of EBAC for the appointment.
Page No.# 5/5
with law, despite the rendered service, the Court is unable to issue a direction for regularization of service of the petitioner in view of the decision of the Supreme Court of India in the case of Secretary, State of Karnataka Vs. Uma Devi, (2006) 4 SCC 1.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner can be granted regularization of service when he failed to demonstrate appointment by following the due process of employment in public service.
Whether the Court can issue a direction for regularization of service despite rendered service if the appointment was not made in accordance with law.
Colour shows how this judgement treated each authority
Secretary, State of Karnataka Vs. Uma DeviExplained¶3
(2006) 4 SCC 1 · Who else cites this
Arabinda Baro
The State of Assam
The Commissioner and Secretary to the Govt. of Assam, Education Department
The Director Secondary Education Assam Kahlipara Guwahati
The Principal Secretary Bodoland Territorial Council Kokrajhar
The Director of Education Bodoland Territorial Council Kokrajhar
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
