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2012 Supreme(Gau) 153
IN THE HIGH COURT OF GAUHATI
Biplab Kumar Sharma, J.
Shri Ajit Kr. Goswami and another
Vs.
State of Assam and others
W.P. (C) No. 3101 of 2011 and W.P. (C) No. 3565 of 2011
Decided On: 06.02.2012
For Appellant/Petitioner/Plaintiff: Mr. B.D. Das, Sr. Adv. and Mr. H.K. Sarma
For Respondents/Defendant: Mr. D. Saikia, Addl. AG and Mr. P.N. Goswami, SC
Headnote:
Constitution of India,1950- Education University - Terminated/discontinued - Quite contrary -Appointment as Subject Teacher in Zoology - Petitioners are aggrieved by order issued by Director of Secondary Education Assam by which their services as Subject Teacher of Zoology have been cancelled/terminated with immediate effect - Such a course of action is said to be in compliance with judgment and order - Impugned orders which is identically worded and in fact can be said to be cyclostyled one were preceded by show cause notices - Held, Division Bench duly took note of said SIT report in aforesaid PIL proceeding - It was a fact finding enquiry and findings were reflected in order passed by Division Bench in PIL proceeding - It was provided that affected parties must be given reasonable opportunity of being heard - Such opportunity cannot be an empty formality by way of mere issuance of show cause notice and then to pass an order of termination of service in same format and with same contents - Facts will have to be gone into in each one of cases which admittedly Director of Secondary Education did not go through while passing impugned orders - Petition allowed
B.K. Sharma, J.
1. Both the writ petitions involving more or less the same set of facts, have been heard together and are being disposed of by this common judgment and order. Both the petitioners are aggrieved by the order dated 07.06.2011 issued by the Director of Secondary Education, Assam by which their services as Subject Teacher of Zoology have been cancelled/terminated with immediate effect. Such a course of action is said to be in compliance with the judgment and order dated 06.08.2010 passed in PIL No. 14/2010 in W.P. (C) No. 3178/2008, Smt. Julekha Wahida Ahmed v. State of Assam and Ors. Prior to issuance of the impugned orders dated 07.06.2011 which is identically worded and in fact can be said to be cyclostyled one, were preceded by show cause notices dated 10.05.2011 which are also identically worded. For a ready reference one of the show cause notices dated 10.05.2011 is reproduced below :
GOVERNMENT OF ASSAM
OFFICE OF THE DIRECTOR OF SECONDARY
EDUCATION, ASSAM, KAHILIPARA, GUWAHATI
No. GB-EST/DSE/CC/125/2008/PL/171
Dated Kahilipara, the 10th May, 2011
From
Shri B.N. Talukdar,
Director of Secondary Education, Assam
Kahilipara, Ghy-19
To,
Shri Ajit Kr. Goswami,
Subject Teacher in Zoology
Bongaon H.S. School,
P.O. Bongaon, Dist Barpeta
Sub : Show cause notice
Ref : (1) Govt. letter No. ELC/WP (C) 3178/2008/429/563 dated 03.05.2011
(2) Hon'ble High Court's order dated 06.08.2010 passed in PIL No. 14/2010 in W.P. (C) No. 3178/2008 filed by Zulekha Wahida Ahmed
Sir,
It is seen from the records/papers that you have received offer of appointment as Subject Teacher in Zoology on Ad- hoc basis which is quite contrary to the rules/procedures in force at that point of time. Further an advertisement was made on June/1992 for filling up of 20 posts of Subject Teacher in Zoology and accordingly the selection was made in October/1995 by the State Selection Board, Assam wherein your name appeared at Sl. X which is beyond the zone of 20 posts of Subject Teacher in Zoology advertised in June/1992.
Hence your appointment is undeserved and subsequent regularisation as Subject Teacher in Zoology is found to be not proper and hence treated as illegal and as such as instructed by the Government vide letter No. ELC/WP (C) 317/2008/429/563, dated 03.05.2011, you are hereby required to show cause as to why your service will not be terminated/discontinued. Accordingly show cause notice is served and you are asked to appear personally alongwith the replies to the show cause before the committee for hearing in the office of the Director of Secondary Education, Assam on 19.05.2011 at 11:00 AM positively alongwith all relevant papers/documents connected with your appointment/regularisation as Subject Teacher in Zoology, failing which ex-parte decision will be taken. This is issued in compliance with the Hon'ble High Court's order passed in PIL No. 14/2010 in original W.P. (C) No. 3178/2008 filed by Smt. Julekha Wahida Ahmed v. State of Assam and others.
Disciplinary authority & Director
Secondary Education, Assam
Kahilipara, Ghy-19
2. In response to the said show cause notice, the petitioners submitted their replies disputing the contentions raised in the same. It was contended that contrary to the allegation made in the show cause notice that they were appointed pursuant to the selection made in October, 1995 by the particular Selection Board for 20 posts of Subject Teacher in Zoology advertised in June, 1992, the petitioners were appointed pursuant to the advertisement of 1989 and thus, their cases did not come within the purview of the task undertaken by the State Govt. in the Education Department to find out the illegality/irregularity in respect of 1995 selection.
3. According to the petitioners, the Director of Secondary Education, Assam while passing the impugned orders dated 07.06.2011 was guided by the directives of the State Govt. to terminate the services of the petitioners and thus there was no independent application of mind. It has also been conten
