THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. SURANJANA SENAPATI DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT, ASSAM, KAHILIPARA, GHY-19

Advocate for the Petitioner : MR. K A MAZUMDER Advocate for the Respondent : SC, ELEM. EDU Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

13.02.2023. ORDER Heard Mr. K A Mazumdar, learned counsel for the petitioners and Mr. SMT Chistie, learned Standing counsel, Department of School (Elementary) Education, Assam for the sole contemnor/respondent. The respondent Nos. 7 & 8 of WP(C) No. 1345/2021 (disposed of on 27.01.2022) filed this contempt petition on 11.11.2022 alleging willful disobedience and non- compliance of the order dated 27.01.2022 passed in said WP(C) No. 1345/2021 against the Director of Elementary Education (DEE), Assam. On being asked about the up-to-date status regarding compliance of the said order dated 27.01.2022 passed in said WP(C) No. 1345/2021, the Director of Elementary Education, Assam through Mr. SMT Chistie, Standing Counsel, Department of School (Elementary) Education vide communication No. EPD/H/94/2022/130 dated 04.01.2023 apprised the Court that towards compliance of the said order dated 27.01.2022 an enquiry was conducted regarding anomalies pertaining to the proposal submitted by the District Elementary Education Officer, District-Dhubri recommending the names of the incumbents for provincialisation of their services under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 as amended in 2018. After such enquiry, a report was placed before the State Level Scrutiny Committee (SLSC) in its meeting held on 29.04.2022 and as per the approval of the SLSC, on

24.09.2022 the Mission Director, SSA, Assam was requested to verify the records in respect of the appearance of the name of the petitioner of said WP(C) No. 1345/2021 in DISE data for the year 2011-12 and thereafter. As the SSA, Assam after due verification has now submitted the verification report pertaining to the DISE data with regard to the school involved in the case as to whether the name of the petitioner of WP(C) No. 1345/2021 is therein or not, the matter is under process for taking further necessary steps. Page No.# 3/3 Since the respondent authority is taking necessary steps for compliance of the order dated 27.01.2022 passed in said WP(C) No. 1345/2021, as noted above, the Court is of the view that the Director of Elementary Education, Assam have not willfully violated the said order passed in said WP(C) No. 1345/2021 nor committed any act so as to place the said authority for its willful disobedience and non-compliance under the Contempt of the Courts Act, 1971. Accordingly, this contempt petition being devoid of merit, stands dismissed. JUDGE Comparing Assistant