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IN THE HIGH COURT OF GAUHATI
Aftab H. Saikia and H. Baruah, JJ.
State of Assam – Appellants
Vs.
Nirmalibora and Ors. – Respondent
Decided On: 01.07.2008
Regularization - Elementary Education - Article 21A, Article 45, Article 41 - The court discussed the constitutional provisions relating to free and compulsory education to all children and the scheme of Operation Blackboard. The court held that the appointments of the respondents were made under the centrally sponsored Operation Blackboard Scheme with the objective of substantial improvement of facilities in primary education. The court also noted that the State Government assured the Central Government that the appointed teachers would not be retrenched after the Ninth Plan but would be adjusted against the State Plan/Non-Plan vacant posts. The court further observed that the terms and conditions of appointment of the teachers were not in accordance with the guidelines of the Scheme of Operation Blackboard. The court directed the Government to regularize the services of the petitioners against regularly sanctioned posts in a phased manner and allow them to continue in services from 31.3.2002 pending such regularization. The court also directed the State respondents to pay the monthly salary to the petitioners along with arrears for the period they have been found actually rendering service as teachers in the respective schools within three months from the date of the order.
Fact of the Case:
The State of Assam through its Commissioner and Secretary, Department of Education appealed against the judgment and order passed by the learned Single Judge in a batch of writ petitions. The respondents, who were appointed as Assistant Teachers under the scheme of 'Operation Blackboard' in various schools in Assam, sought regularization of their services against the sanctioned posts and a direction to refrain from terminating their services at the end of March, 2002, pending regularization of their services. The writ petitions were disposed of with a direction to the Government of Assam and other State respondents to regularize the services of the respondents appointed as Assistant Teachers against the posts created under the Operation Blackboard Scheme by adjusting/absorbing them in regularly sanctioned posts of Assistant Teachers of L.P./Middle Schools in a phased manner and not to terminate their services pending such regularizations and allowing them to continue in service from 31.3.2002 by sanctioning retention of these temporary posts created under the Operation Blackboard Scheme till the completion of the process of such regularization.
Finding of the Court:
The court found that the appointments of the respondents were made under the centrally sponsored Operation Blackboard Scheme with the objective of substantial improvement of facilities in primary education. The court also noted that the State Government assured the Central Government that the appointed teachers would not be retrenched after the Ninth Plan but would be adjusted against the State Plan/Non-Plan vacant posts. The court further observed that the terms and conditions of appointment of the teachers were not in accordance with the guidelines of the Scheme of Operation Blackboard. The court directed the Government to regularize the services of the petitioners against regularly sanctioned posts in a phased manner and allow them to continue in services from 31.3.2002 pending such regularization. The court also directed the State respondents to pay the monthly salary to the petitioners along with arrears for the period they have been found actually rendering service as teachers in the respective schools within three months from the date of the order.
Issues: The fundamental issue raised was whether the teachers appointed in the elementary schools under Operation Blackboard Scheme for a very short tenure are entitled to get their services regularized.
Ratio Decidendi: The appointments of the respondents were made under the centrally sponsored Operation Blackboard Scheme with the objective of substantial improvement of facilities in primary education. The State Government assured the Central Government that the appointed teachers would not be retrenched after the Ninth Plan but would be adjusted against the State Plan/Non-Plan vacant posts. The terms and conditions of appointment of the teachers were not in accordance with the guidelines of the Scheme of Operation Blackboard. The court directed the Government to regularize the services of the petitioners against regularly sanctioned posts in a phased manner and allow them to continue in services from 31.3.2002 pending such regularization.
Final Decision: The State Appeal was dismissed, and the court directed the Government to implement the directions given in the impugned Judgment and Order dated 8.4.2002 as expeditiously as possible, preferably within a period of six months from the date of the order.
Aftab H. Saikia, J.
1. The State of Assam through its Commissioner and Secretary, Department of Education has preferred the instant writ appeal assailing the common Judgment and Order dated 8.4.2002 passed by the learned Single Judge in a batch of writ petitions, being preferred by the writ petitioners/respondents herein (hereinafter referred to as 'the respondents') who being appointed under the scheme of "Operation Blackboard" (for short "OB") as Assistant Teachers in various ME./M.V./M.E.M Schools in the State of Assam seeking for regularization of their respective services against the regularity sanctioned post thereof with a further prayer made therein to direct the State respondents to refrain from terminating their services at the end of month of March, 2002, pending regularization of their services, whereby the writ petitions were disposed of with a direction to the Government of Assam and other State respondents to regularize the services of the respondents appointed as Assistant Teachers against those posts created under OB Scheme by adjustment/absorbing them in regularized sanctioned post of Assistant Teachers of L.P./M.E. Schools in a phrased manner and not to terminate their services pending such regularizations and allowing them to continue their services from 31.3.2002 by sanctioning those temporary posts created under the OB Scheme till the completion of process of such regularization with further direction to pay the monthly salary to the respondents along with the arrears for the period they have been found actually rendering services as teachers in their respective schools within 3 months from the date of passing the order.
2. In India which lives in villages and where illiteracy and poverty dominate the civil society, everyone has a reason to rejoice and celebrate when Right to Education has been grafted as a fundamental right in the Part-Ill of the Constitution of India by the Constitution (86th Amendment) Act, 2002. It is universal that Education is the backbone of a true democracy. It plays the paramount role in shaping up a well defined democratic policy governed by the Rule of Law. The nation, therefore, depends increasingly on educational institutions for knowledge, prosperity, health and policy thinking. Schools, Colleges and Universities are engines of development of people, institutions and democracy in general. It is equally pivotal the role and contribution of teachers, the most responsible cluster of the society who have, relentlessly, continuously, consistently been dedicating their yeoman's services to the nation building in nursing, shaping and moulding children from their elementary level to make them good citizens in future.
3. With this basic background, the fundamental issue raised herein is as to whether the teachers appointed in the elementary schools under OB Scheme for a very short tenure are entitled to get their services regularized.
4. Before making a thorough examination of the issue for its proper resolution, it would be pertinent to look into the various constitutional provisions relating to free and compulsory education to all children and the scheme of OB. Those are noticed hereunder:
5. Article 21A has been incorporated as under:
Right to Education :- The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
6. Simultaneously, Article 45 of the Constitution, being one of the Directive Principles of State Policy in Part-IV which provides,
Provision for free and compulsory education for children - The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years, has also been substituted by the Constitution (86th Amendment) Act, 2002 by the following provision:
Provision for early childhood care and education to children below the age of si
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