Back
IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
B.K. SHARMA, J.
GUWAHATI DISTRICT M E TEACHERS ASSOCIATION & ANR
VS
THE STATE OF ASSAM AND ORS
WP (C) NO. 1709 of 2006
Decided on: 21/01/2014
Writ Petitions - Provincialisation of Schools - [Education Department, Provincialisation, Division Bench Order] - The court discussed the provincialisation of two schools and the dispute between Shri Sushil Kumar Sarkar and Shri Dilip Kumar Barman over the running of Nichilamari ME School. The court highlighted the Division Bench Order directing provincialisation of both schools and emphasized that the Education Department could not re-open the matter or pass orders sitting on appeal over the court's orders. The impugned order of de-recognition/de-Provincialisation was set aside as it was passed without affording any opportunity of being heard to Shri Sushil Kumar Sarkar.
Fact of the Case:
The case involved a dispute over the provincialisation of Nichilamari ME School between Shri Sushil Kumar Sarkar and Shri Dilip Kumar Barman. The Education Department had passed an order of de-recognition/de-Provincialisation without affording any opportunity of being heard to Shri Sushil Kumar Sarkar.
Finding of the Court:
The court found that the Education Department's actions were in violation of the Division Bench Order and set aside the impugned order of de-recognition/de-Provincialisation. It directed the Education Department to carry out the required exercise for both schools' provincialisation as per the court's order.
Issues: Dispute over provincialisation, violation of court orders, lack of opportunity to be heard
Ratio Decidendi: The Education Department could not re-open the matter or pass orders sitting on appeal over the court's orders. The impugned order of de-recognition/de-Provincialisation was set aside as it was passed without affording any opportunity of being heard to Shri Sushil Kumar Sarkar.
Final Decision: The impugned order of de-recognition/de-Provincialisation was set aside, and the Education Department was directed to carry out the required exercise for both schools' provincialisation as per the court's order.
All the writ petitions being interconnected have been heard analogously and are being disposed of by this common order. While the writ petition being WP(C) No. 1709/2006 and WP(C) No. 1540/2013 have been filed by one Shri Sushil Kumar Sarkar along with others, the third writ petition being WP(C) No. 4673/2012 has been filed by Shri Dilip Kumar Barman along with others. The fourth writ petition i.e. WP(C) No. 898/2011 has been filed by the Guwahati District Teachers’ Association supporting the case of Shri Sushil Kumar Sarkar.
2. In WP(C) No. 1709/2006, the challenge made is the Annexure-M order dated 25/01/2006, by which the Government of Assam in the Education (Elementary & Secondary) under the signature of the Commissioner and Secretary, rejected the claim of Shri Sushil Kumar Sarkar and ordered de-recognition of the School, which was provincialised vide order dated 25/08/1998 w.e.f. 19/11/1991. The order so passed is said to be in compliance of the order dated 23/03/2005 passed in WP(C) No. 9048/2004. The said writ petition was filed by Shri Sushil Kumar Sarkar raising a grievance against non-payment of salary etc. to the teaching and non-teaching staff even after Provincialisation of their services. Referring to the particular representation dated 23/04/2004, the writ petition was disposed of by order dated 23/03/2005 directing the Commissioner and Secretary to the Government of Assam in the Education Department to dispose of the said representation. However, while disposing of the said representation which related to the grievance of the teaching and non-teaching staff of the School regarding non-payment of salary, the Commissioner and Secretary passed the impugned order dated 18/02/2006 de-recognizing /de-provincialising the school headed by Shri Sushil Kumar Sarkar as its Head Master, which was earlier provincialised w.e.f. 19/11/1991 vide order dated 28/05/1998. Admittedly, the order was passed without affording any opportunity of being heard to Shri Sushil Kumar Sarkar and for that matter the School headed by the concerned authority.
3. The School with which the present proceeding is concerned is Nichilamari ME School under Sumoria Education Block, Guwahati Sub-Division. The said School was headed by Shri Sushil Kumar Sarkar and it appears that subsequently there was division in the School and two separate schools under the same name and style were established, one headed by Shri Sushil Kumar Sarkar and the other headed by Shri Dilip Kumar Barman.
4. When the writ petition being WP(C) 1709/2006 was pending, the Guwahati District Teachers’ Association filed WP(C) No. 898/2011 virtually making the same challenge as in the earlier writ petition being WP(C) No. 1709/2006. Thus, by this writ petition, the concerned association has supported the case of Shri Sushil Kumar Sarkar. When the matter rested thus, it was the turn of Shri Dilip Kumar Barman to file the third writ petition being WP(C) No. 4673/2011, in which the prayer is to direct the respondents to release the admissible salary to the teaching and non-teaching staff of the School headed by him w.e.f. 19/11/2991. Thereafter, Shri Sushil Kumar Sarkar filed the writ petition being WP(C) No. 1540/2013, making a prayer therein to release the admissible salary to the teaching and non-teaching staff of the School headed by him w.e.f. 19/11/1991. In the writ petition, he had also challenged the Annexure-19 communication dated 28/02/2013, by which the Government of Assam in the Education (Elementary) Department, directed the Director of Elementary Education to release the admissible salary to the teaching and non-teaching staff of the School headed by Shri Dilip Kumar Barman.
5. From the above narration of facts, what has emerged is that there is claim and counter claim on the part of both Shri Sushil Kumar Sarkar and Shri Dilip Kumar Barman in running the school, namely, Nichilamari ME School. It is an admitted fact that the said school was originally run by Shri Su
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
