THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 7 ORS

Advocate for the Petitioner : MR. M ALI Advocate for the Respondent : SC, ELEM. EDU B E F O R E HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR 02-09-2022 Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned Standing Counsel, Elementary Education Department for Respondents No.1, 2, 3, 5 and 6; and Mr. P. Saikia, learned Government Advocate, Assam, for Respondents No.4. Page No.# 3/4 The petitioner was appointed as Assistant Teacher of Batuwa M.E. Madrassa on 15.12.2006, to which post he joined on the same date. Since then the petitioner has been serving as Assistant Teacher of the said school. In the meantime, the State Respondent enacted the Assam Education (Provincialisation of Services of Teachers and Reorganization of Education Institutions) Act, 2017 (hereinafter referred to as the ‘Act of 2017’ in short). In terms of the said Act of 2017, the Headmaster of the concerned School prepared a list of teachers and submitted the same before the District Scrutiny Committee.

In the said list, the name of Respondent No.7 figures at Serial No.1 as Headmaster against English subject. The name of Respondent No.8 is shown at Serial No.2 with the subject English/Social Science and the name of the petitioner appears at Serial No.3 with the subject Assamese/Social Science. The District Scrutiny Committee considered the case of the teachers of Batuwa M.E. Madrassa and the name of the Respondents No.7 and 8 along with one Md. Hafizur Rahman was recommended. Thereafter, the State Selection Committee also considered the same and passed the order dated 05.02.2021, by which the services of all the aforementioned teachers of the said School were provincialized, except the petitioner. Being aggrieved, the petitioner is before this Court on the ground that the school has an enrollment of 125 students for the year 2019-2020, and 131 students for the year 2020-2021. He, therefore, submits that in terms of Section 3 (1) (xi) of the Act of 2017, the State Respondents should have considered creation of additional post in terms of Section 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009.

Section 14 of the Act of 2017 provides for an appeal before the State Scrutiny Committee if aggrieved by any recommendation made by the District Scrutiny Committee. Page No.# 4/4 Accordingly, the petitioner is directed to file an appeal before the Director of Elementary Education, Assam/ Respondent No.3 within a period of 15 days from today. Thereafter, on receipt of the appeal, the Respondent No.3, shall hear the petitioner as well as the Respondents No.7 and 8 in-person and, thereafter, pass a reasoned order in accordance with law within a period of two months from the date of receipt of the appeal. With the aforesaid observations and directions, this writ petition stands