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2002 Supreme(Gau) 129
GAUHATI HIGH COURT
D.Biswas, J.
Niren Sainary and Ors. -Appellant
Versus
State of Assam and Ors. -Respondent
W.P.(C) Nos. 6262, 5683, 6771, 6499, 6728, 6729, 6760, 5696, 6861, 6120 and 7190 of 2001
Decided On : 19-03-2002
P.K.Talukdar, V.Sema, U.K.Goswami, U.Das, S.K.Medhi, S.K.Das, R.Chakraborty, G.Uzir, P.P.Barua, N.Upadhaya, M.U.Mahmud, M.Sarania, M.K.Misra, M.Ahmed, P.Sharma, D.K.Sharma, K.J.Saikia , A.K.Choudhary, D.Choudhary, B.Talukdar , B.P.Kataki, B.K.Sharma, B.Goyal, B.Chetri, A.K.Phookan, A.Kalita
The main legal point established in the judgment is the exclusive executive powers of the General Council in matters of education up to the Higher Secondary level, as provided under Section 24 of the Bodoland Autonomous Council Act, 1993, which restricts the State Government's authority to interfere with appointments made by the Bodo Autonomous Council.
Headnote:
Termination of Services - Bodoland Autonomous Council - Bodoland Autonomous Council Act, 1993, Section 24 - The judgment discusses the termination of services of assistant teachers appointed in schools within the Bodo Autonomous Council area. The court examines the jurisdiction of the State Government to terminate the appointments made by the Bodo Autonomous Council and emphasizes the exclusive executive powers of the General Council in matters of education up to the Higher Secondary level, as provided under Section 24 of the Bodoland Autonomous Council Act, 1993.
Fact of the Case:
The petitioners, ex-Chairman and Chairman of the Sub-Divisional Elementary Education Advisory Board for Bodo Autonomous Council area, challenged the orders issued by the Deputy Inspector of Schools and the District Elementary Education Officer, which resulted in the cancellation of appointments of assistant teachers in certain schools.
Finding of the Court:
The court found that the State Government acted without jurisdiction in terminating the services of the teachers appointed by the District Authorities at the behest of the Bodo Autonomous Council. However, the court refrained from reinstating all dismissed teachers without scrutinizing the appointment process for fairness.
Issues: The issues revolved around the jurisdiction of the State Government to terminate appointments made by the Bodo Autonomous Council and the fairness of the selection process for assistant teachers in the B.A.C. area.
Ratio Decidendi: The court held that the exclusive executive powers of the General Council in matters of education up to the Higher Secondary level, as provided under Section 24 of the Bodoland Autonomous Council Act, 1993, precluded the State Government from interfering with appointments made by the Council.
Final Decision: The court directed the matter to be referred to the B.A.C. administration for scrutiny of the appointment process and ordered reinstatement only for candidates appointed after due selection. It also instructed the B.A.C. administration to examine the case of assistant teachers appointed under a quota reserved for the sons and daughters of retired teachers.
In Writ Petition (C) No. 6262 of 2001, the petitioner No. 1 is the ex-Chairman and the petitioner No. 2 is the Chairman in position of the Sub-Divisional Elementary Education Advisory Board for Bodo Autonomous Council area in Nalbari District constituted under the provisions of the Bodoland Autonomous Council Act, 1993, hereinafter referred to as the Act of 1993. They have approached this Court challenging the orders dated 17.7.2001 issued by the Deputy Inspector of Schools, Nalbari (Annexure-J) and 21.7.2001 issued by the District Elementary Education Officer, Nalbari (Annexure-K). The impugned orders, for better appreciation thereof, are reproduced below:-
“Order
No. Dated Nalbari, the 17th July/2001 In pursuance of Govt. instruction communicated vide No. A(I)E.508/2001/85, Dtd. 4.7.2001 and DEE's instruction communicated vide Memo No. EGA. 12/2001/ 159, dtd. 16.7.2001, all appointments of Asstt. Teacher in L.P. and junior basic schools made by Shri Girin Haloi, I/C Dy. Inspector of Schools, Nalbari in the month of March/2001 are hereby cancelled with immediate effect. The B.E.E.O's and Head Teachers of the L.P. School of the district are hereby requested to release all the appointees forthwith and not to allow them to attend duties henceforth.
If any B.E.E.O. and the head teacher of the school allow such appointees to attend duties after the receipt the order of cancellation, he/ she will be personally responsible for payment of salary to the teachers.
Sd/-
(G.C. Deka)
I/C Dy. Inspector of Schools,
Nalbari."
"Order
In pursuance of Govt. Order No. A(I)E. 5087 2001/^5, dtd. 4th July/2001, DEE's Order No. DE/Misc/..../99/14357, dtd. Kahilipara, the 30th May/2001 and DEE's order Memo No. EGA. 12/2001 /160 dtd. Kahilipara the 19th July/ 2001, all appointments of Asstt. Teacher in M.E./M.V./M.E. Madrassa/Sr. Basic Schools made by I/C D.E.E.O., Amulya Chudhury w.e.f. 1.3.2001 are hereby cancelled with immediate effect. All controlling officers of the District, viz. the D.I. of Schools, the B.E.E.O, Headmasters of the schools are hereby requested to release the appointees forthwith and not to allow them to attend duties henceforth. If any controlling officer allows such appointees to attend duties after receipt of this order of cancellation, he/she will be personally responsible for the payment of salaries to these teachers.
Sd/-
(H.H. Sarma)
District Elementary Education Officer,
Nalbari."
2. Consequent upon above orders, the services of the teachers who were appointed by Shri Girin. Haloi, Incharge, Deputy Inspector of Schools and Shri Amulya Chudhury, Incharge District Elementary Education Officer made in the month of March, 2001 and thereafter were cancelled. The aggrieved teachers filed the other connected writ petitions challenging the terminations of their services. Therefore, it is considered not necessary to advert to the contentions of other writ petitions in detail. However, arguments have been advanced in respect of some petitioners on the ground that they were appointed on compassionate ground as per the Government policy and they stand on a different footing.
3. Mr G. Uzir, learned counsel submitted that it is beyond the competence of the State Government to terminate the services of the teachers in view of the provisions of Section 24 of the Act of 1993. According to Shri Uzir, education upto the level of Higher Secondary became the subject of the Bodo Autonomous Council to the exclusion of the State Government, and on and from 1993 selection and appointment to the post of assistant teachers in the aforementioned schools situated in the B.A.C. area are within the exclusive jurisdiction of the Bo.do Autonomous Council. The Bodo Autonomous Council in exercise of the powers under the Act of 1.993 constituted the Sub-Divisional Level Education Advisory Board. The Board after selection referred the names of the candidates to the Interim General Council for approval and, on receipt thereof, the concerned appointing autho
