High Court
Case Details
WP(C) 5165/2012 BEFORE HON’BLE MR JUSTICE B.K. SHARMA
Legal Reasoning
Heard Mr. M.U. Mondal, learned counsel for the petitioner and Mr. A. Dek a, learned Standing Counsel, Education Department. Also heard Mr. G. Sarma, lea rned State Counsel appearing on behalf of respondent No. 8 i.e. the Deputy Comm issioner, Goalpara.
Decision
The petitioner is aggrieved by certain resolutions adopted by the School Managing Committee of Shalbari M.E. Madrassa in the district of Goalpara, by wh ich dispensation of his service as Chowkidar of the said Madrassa have been uphe ld. According to the petitioner, he was appointed as a Grade-IV employee in the said Madrassa on 25.04.1984. It has been stated in the writ petition that the sc hool authority had conspired with the District Elementary Education Officer, Goa lpara to accommodate their own man and accordingly prepared a list, dropping the name of the petitioner. The list was prepared for financial assistance and prov incialisation of the service of the incumbent in due course. Being aggrieved, th e petitioner made a representation on 04.11.2011 to the Director of Elementary E ducation, Assam, but there was no response. Accordingly he approached this Court by filing a writ petition being WP(C) No.6572/2011, which was disposed of vide order dated 23.12.2011, directing the Director of Elementary Education, Assam to dispose of the representation that was made by the petitioner on 04.11.2011. Pursuant to the said order, the Director of Elementary Education, Assam passed the Annexure-10 order dated 11.06.2012, holding that the dispensation of the services of the petitioner on the basis of the purported crossing of upper a ge limit by the petitioner was not correct. However, it was observed in the orde r that since the Managing Committee of the Venture school is the sole authority for appointment and termination of service of its employees, it was also observe d that a review of the matter was called for by the Managing Committee of the Sc hool. Pursuant to the aforesaid order dated 11.06.2012 (Annexure-10) passed by the Director of Elementary Education, Assam, the writ petition that was filed b y the petitioner earlier, was disposed of vide order dated 18.09.2012. Challengi ng the said order, the petitioner had filed the writ petition being WP(C) No.362 8/2012. When the aforesaid resolution of the Managing Committee was brought to t he notice of the Court, the writ petition was disposed of vide order dated 18.09 .2012, providing that it would be open for the petitioner to approach the approp riate authority raising his grievances, if any, against the said resolution adop ted by the School Management Committee on 17.07.2012. After the aforesaid order of this Court, the petitioner preferred an appeal before the Director of Element ary Education, Assam on 29.09.2012 (Annexure-12). The same having not been dispo sed of, the petitioner has filed the instant writ petition challenging the resol ution adopted by the Managing Committee of the School in its meeting held on 04. 09,2011. English version of the Assamese resolution as has been annexed by the p etitioner vide Annexure-13 is quoted below:- (cid:28)In todays meeting detail discussion is made regarding the educational q ualification certificates and age of Fakir Chand Khan who is working as a Chowki dar at the Salbari M. E. Madrassa on the basis of the public complain and the co mplaint filed in the Hon’ble Goalpara Court on 18.03.2011 U/S. 420/417/506 IPC a nd accordingly educational qualification certificates and appointment letters ar e examined and his age is found 63 years as per the voter list of Salbari Gaon s ubmitted / produced by the public and as such accordingly his educational qualif ication certificates are found false and he is found / proved guilty in to-days meeting and as such Fakir Chand Khan himself orally admitted that he has submitt ed false/ forged certificates when he was asked about the same in the same meet ing and as such he has been discharged from the post of Chowkidar of the Salbari M. E. Madrassa and accordingly the said resolution is admitted unanimously. On perusal of the aforesaid resolution, it is found that there is complaint agai nst the petitioner and in fact a complaint has been filed under section 420/417/ 506 IPC. As per the resolution, the petitioner had produced fake/ forged certifi cates in respect of his educational qualification and age. While adopting the im pugned resolution, the Managing Committee examined the relevant documents and al so gave a personal hearing to the petitioner. As reflected in the resolution, du ring the course of the meeting, he had admitted about submission of fake certifi cate. Accordingly, all the members of the Managing Committee adopted the resolut ion to uphold the order of discharge against the petitioner that was earlier pas sed. Mr. M. U. Mondal, learned counsel for the petitioner submits that since now the question of provincialisation of the services of the teaching and non te aching staffs of the Madrassa has arisen, the Committee as prescribed by the Gov ernment of Assam in the Education Department towards scrutinizing the veracity o r otherwise of the claim of such staff, the case of the petitioner should be ref erred to the said Committees. On the other hand, Mr. A.Deka, learned Standing Co unsel, Education Department submits that since the services of the petitioner ha s been dispensed with by the Managing Committee of the School by the aforesaid i mpugned resolution dated 04.09.2011, there is no question of scrutinizing the ca se of the petitioner by the Committees constituted for the purpose of provincial isation of services of teaching and non-teaching staffs of the institution. Admittedly, the Madrassa in question is at the venture stage and there i s no deep and perversive control of the State Government over the Managing Commi ttee of the said Madrassa. This aspect of the matter finds mentioned in the orde r dated 11.06.2012 (Annexure-10), in which, the Director of Elementary Education , Assam categorically observed that as the School Managing Committee in Venture School is the sole Authority for appointment and termination of services of empl oyees, in the instant case also, the said Committee should decide the matter. If no approval of the State Government towards appointment and termination of se rvices of the petitioner is required and in absence of anything to show that the Managing Committee of the School is a Authority within the meaning of Article 1 2 of the Constitution of India, this Court cannot sit on appeal over the decisio n of the Managing Committee of the School. Moreover, as against the findings rec orded in the said impugned resolution that the petitioner has admitted productio n of fake school certificate and for that matter the charge leveled against him, there is no whisper and or pleadings in the writ petition to deny the said stan d taken in the impugned resolution. Thus, the petitioner has thus admitted the f acts stated in the impugned resolution. As has been held by the Apex Court in Ch annabasappa Basappa Happali Vs. the State of Mysore, reported in AIR 1972 SC 32 admission of fact alleged in the allegation amounts to admission of guilt. For all the aforesaid reasons, I find no merit in the writ petition and accordingly it is dismissed. There shall be no order as to costs.