The authority of the School Managing Committee in appointing and terminating teachers and the recognition of non-Government educational institutions by the Government were central to the decision.

This case was heard on 06.03.2014 and today is fixed for delivery of order.

2. By way of this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 30.10.2012 issued by the Director of Elementary Education, Assam whereby appointment of the petitioner was found to be de hors the laid down procedure and direction was issued to the school authorities of Pub-Tumukabori M. E. Madrassa to allow the respondent No. 7 to continue as Hindi teacher of the said school.

3. Case of the petitioner is that Pub-Tumukabori M. E. Madrassa (School) was established in the year 1997 in the district of Morigaon. Respondent No. 7 was appointed as Hindi teacher of the school by the School Managing Committee in the year 2002. According to the petitioner, respondent No. 7 resigned from her service voluntarily w.e.f. 03.01.2003. Thereafter, petitioner was appointed by the School Managing Committee vide resolution dated 15.01.2003.

4. The school was recognized by the Government in the year 2005. Government of Assam framed guidelines to provide financial assistance to non-Government educational institutions within the State which were established prior to coming into force of the Assam Non-Government Educational Institutions Regulation Act, 2006.

5. When financial assistance was provided to the school, respondent No. 7 claimed herself to be a teacher of the said school and sought a share of the financial assistance. In this connection, she filed a writ petition before this Court, which was registered as WP(C) No. 5574/2011, contending that though she was the Hindi Teacher in the school, she was not granted financial assistance by showing her as having resigned from service voluntarily. This Court by order dated 04.11.2011 disposed of WP(C) No. 5574/2011 by directing the Director of Elementary Education, Assam to examine the grievance of the respondent No. 7 and thereafter to pass an appropriate order in accordance with law. Following the above order of this Court, impugned order dated 30.10.2012 was passed by the Director of Elementary Education, Assam.

6. Aggrieved, petitioner has filed the present writ petition seeking the relief as indicated above.

7. This Court by order dated 07.12.2012, issued notice and in the meanwhile, stayed the operation of the impugned order dated 30.10.2012.

8. Respondent Nos. 5 & 6 have filed affidavit. Supporting the stand taken by the petitioner, it is stated that the school was established on 01.01.1997 and obtained recognition w.e.f. 01.01.2005. The school has been receiving financial assistance from the Government and now fulfills all the requisite conditions for provincialisation under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, as amended. It is stated that respondent No. 7 voluntarily resigned from her service as Hindi Teacher, which was accepted by the School Managing Committee and it was also decided to fill up the resultant vacancy through advertisement. Following advertisement and selection, petitioner was selected and appointed as the Hindi Teacher of the school, pursuant to which she joined on 15.01.2003. It is stated that though the Director heard all the affected parties, he did not consider the documents submitted by the school authorities. The school at present is a venture educational institution and, therefore, the School Managing Committee is the competent authority to dismiss and appoint teaching and non-teaching staff. Since petitioner had resigned from her service voluntarily, which was accepted by the School Managing Committee, question of allowing the petitioner to continue her service as Hindi teacher does not arise.

9. Respondent No. 7 in her affidavit on the other hand has supported the impugned order dated 30.10.2012. According to her, she joined the school on 04.01.2002 and continued as Hindi Teacher of the school till January, 2011, whereafter she was illegally prevented from attending h