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Gauhati High Court
Ujjal Bhuyan, J.
Harunal Rashid - Appellant
Versus
State of Assam & Ors. - Respondent
WP(C) No(s) 6666, 6842 of 2010 and 4781 of 2011
Decided On : 05-04-2013
Constitution of India, 1950 – Article 14 – Assam Elementary Education (Provincialisation) Rules, 1977 – Rules 5, 7 – Dropped Teachers – Twenty three petitioners have joined together and have jointly filed the present writ petition – Petitioners are Assistant teachers in LP and ME Schools, the details of which have been furnished in the writ petition. – All the petitioners were appointed prior to provincialisation of their respective schools. – However, at the time of provincialisation, their names were not included in the list of teachers whose services were provincialised. – Thus, they became what came to be known as “dropped teachers”. – Being aggrieved by the non-provincialisation of their services, petitioners approached this court by filing writ petition. – Similar writ petitions were filed by other dropped teachers. – During the pendency of the said batch of writ petitions, Government of Assam in the Education (Elementary and Secondary) Department issued notification laying down certain criteria to be adopted with prospective effect for adjustment of dropped teachers – Held, While benefit of relaxation under Rule, 7 has been extended to 130 similarly situated dropped teachers, the same has not been extended to the petitioners without any reasonable basis or justification. – While exercising the power under Rule, 7 of the Rules, the State is required to act in a fair and judicious manner. – There should not be any arbitrariness or discrimination in the exercise of such power which would be violative of article 14 of the Constitution. – In the facts and circumstances of the case, the court is of the view that petitioners were subjected to an unfair and discriminatory treatment, which situation is now required to be remedied. – Cases of the petitioners for provincialisation are required to be reconsidered by invoking the power under Rule, 7 of Rules, by the State Government at par with the 130 dropped teachers in whose cases the provision of Rule, 5(3) was relaxed. – Above exercise shall be carried out within a period of four months from the date of receipt of a certified copy of this order. – Writ Petitions Allowed.
2. Facts and reliefs sought for in the three writ petitions being identical, those were heard together and are being disposed of by this common order.
3. Facts of the three cases may be briefly noted. WP(C) No. 6842/2010 being argued as the lead case, facts of the said case are narrated at the outset.
WP(C) No. 6842/2010
4. Twenty three petitioners have joined together and have jointly filed the present writ petition. Petitioners are Assistant teachers in LP and ME Schools, the details of which have been furnished in the writ petition. All the petitioners were appointed prior to provincialisation of their respective schools. However, at the time of provincialisation, their names were not included in the list of teachers whose services were provincialised. Thus, they became what came to be known as “dropped teachers”.
5. Being aggrieved by the non-provincialisation of their services, petitioners approached this court by filing writ petition. Similar writ petitions were filed by other dropped teachers. During the pendency of the said batch of writ petitions, Government of Assam in the Education (Elementary and Secondary) Department issued notification dated 13.1.2003 laying down certain criteria to be adopted with prospective effect for adjustment of dropped teachers. Amongst others, the following conditions were laid down: -
(i) The teachers should have put in at least two years of continuous service immediately preceding the taking over of the concerned schools by the Government,
(ii) Appointment of the dropped teachers should have been duly approved by the concerned District Elementary Education Officer/ Inspector of Schools.
(iii) The appointment of dropped teachers by the Managing Committee should have been commensurate with the enrolment of students in the school at the time of provincialisation.
6. The aforesaid batch of writ petitions were finally disposed of by this court by common judgment and order dated 1.9.2003, which has since been reported in 2008 (3) GLT 229 (Jiban Ch. Deka and Ors. v. State of Assam and Ors.). This court took note of the above notification dated 13.1.2003 and as agreed to by learned counsel for both the sides, condition No. l was modified to cover cases of all dropped teachers in service as on the date of provincialisation of the concerned school. Likewise, the requirement of approval of the appointments of dropped teachers by the concerned authorities of the Education Department as per condition No. 2 was modified by production of any document acknowledging rendering of service by dropped teachers. Accordingly, this court directed that the cases of the petitioners in each of the cases should be considered in terms of the notification dated 13.1.2003 subject to the modifications indicated above. Chief Secretary to the Government of Assam was directed to constitute a High Power Committee to examine the cases of those petitioners and such other cases as may be sent to the said Committee from time-to-time by this court. It was directed that the committee upon due verification of the cases before it shall prepare district wise list of dropped teachers eligible for regularization in terms of the norms and criteria laid down as per direction of the court. The eligible persons on being identified shall be arranged in the district wise lists in order of seniority. Appointments against available posts in each district shall be made on the basis of the lists prepared. All the appointments would be prospective but would carry the benefit of past services for the purpose of computation of pensionery benefits.
7. Thereafter, the Government constituted a Screening Committee. Directions were issued to the district officers to submit lists of dropped teachers of the concerned districts. In addition, advertisement was issued in the newspapers requiring the dropped teachers to submit their particulars before the designated authorities. Accordingl
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