The court ruled that petitioners, selected as teachers under the Operation Blackboard scheme, must be reinstated due to the invalidation of cancellation orders without substantial proof of misconduct.

JUDGMENT :

Kardak Ete, J.

Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. I. H. Saikia, learned counsel for the petitioners and Mr. N. J. Khataniar, learned Standing Counsel, Elementary Education, Assam for the respondents.

2. By filing these present writ petitions, the petitioners have assailed the Minutes of the Committee, dated 16.05.2020 and order dated 10.06.2020, issued by the Commissioner and Secretary to the Government of Assam, Elementary Education Department, whereby the claim of the petitioners has been rejected with regard to reinstatement in service as teachers of LP and ME schools in the District of Nalbari. The petitioners also challenges the orders dated 16.07.2001, passed by the Director of Elementary Education, Assam; order dated 17.07.2001, passed by the Deputy Inspector of Schools, Nalbari; order dated 19.07.2001, passed by the Director of Elementary Education; order dated 21.07.2001 passed by the District Elementary Education Officer, Nalbari; letter dated 24.01.2017 of the Government, by which the appointments of petitioners have been cancelled. The petitioners have also prayed for a direction to the respondent authorities to reinstate them in service with effect from the date of their termination and to allow them to resume duties in their respective schools and to release their arrear salaries from the date of their initial joining in service until their reinstatement, along with admissible interest.

3. Having considered that issues involved in these writ petitions are similar on facts and law, the same were heard analogously and are disposed of by this common judgment and order.

4. As has been noted in the earlier proceedings, these cases have its, yet another, long drawn litigations and chequered history as the matter involved multiple litigations and gave rise to several Court cases regarding the appointment of OBB teachers in Nalbari District, Assam.

5. The petitioners in W.P.(C) No. 5627/2020 were appointed as L.P. School teachers against 288 sanctioned posts and the petitioners in W.P.(C) 5641/2020 were appointed as M.E. School teachers against 140 sanctioned posts in Nalbari District, alongwith Patacharkuchi Block of Barpeta district, under the Operation Black Board (OBB) scheme in the State of Assam.

6. Briefly put, an advertisement dated 28.12.1996 was published inviting applications for filling up the posts of Assistant Teachers in L.P., M.E., M.V., M.E.M., Jr. and Sr. Basic Schools. Being eligible, the petitioners applied for the posts and appeared in the interviews held on January 1997. Subsequently, a ban was imposed upon any appointment in the State of Assam. In the meantime, the Government of India launched the OBB scheme and sanctioned the creation of 7066 posts for L.P. and Middle School teachers in Assam vide order dated 08.03.2001. From the newly created posts under the OBB scheme, 288 posts were allotted for L.P. Schools and 140 posts were allotted for M.E. Schools in Nalbari District and Patacharkuchi Block under Barpeta District.

7. On 08.03.2001, the Secretary to the Government of Assam, Education Department, issued a W.T. message to all District Elementary Education Officers and Deputy Inspectors of Schools, lifting the ban on appointments under the Operation Blackboard (OBB) scheme and directing that no new applications be called and that candidates who had already applied would be called for interview. On 09.03.2001, the Sub-Divisional Level Advisory Board, on the basis of the earlier interviews, prepared and approved select lists for appointment and the names of the petitioners appea