WRIT PETITION 1419/2015 on 5 August 1992

WP(C) 1419/2015BEFORE

THE HON’BLE MR JUSTICE M.R. PATHAKHeard Mr. R.K. Talukdar, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department, Assam appearing for all the respondents. 2.The petitioner herein submitted that as par the resolution of the SchoolManaging Committee of Kawaimari M.E. Madrassa under Juria Education Block of Nagaon District dated 05.08.1992 the petitioner was appointed as an Assistant Teacher in the said Madrassa on honorary basis (Annexure-11 to the petition), and accordingly, he joined his service in the said Madrassa and is serving till date. Later, the District Elementary Education Officer, Nagaon by his order under Memo No. EPS.101/99/Pt-I/5778-81 dated 15.05.1999 regularised his service in the said M.E. Madrassa in the pay scale of Rs. 1185/- to Rs. 2395/-, but till date, the petitioner has not been paid any salary. 3.It is worth mentioning herein that said Kawaimari M.E. Madrassa was provincialised on 19.11.1991 and the School Managing Committee has no authority under the law to appoint any incumbent in such provincialised institutions and any such appointment in such provincialised M.E. Madrassa are to be made under the provisions of the Assam Elementary Education (Provincialisation) Rules, 1977, a statutory Rule under Article 309 of the Constitution of India.

4. The State Government in the Elementary Education Department pursuant to the decision of this Court in Division Bench dated 30.04.2009 passed in W.P.(C) No. 1048/2004 (Manoj Kumar Sarma Vs. State of Assam & Ors) issued an Office Memorandum vide No. ELC/WP(C)1048/2004/988/PTII/22 dated 15.11.2011 constituting a Screening Committee for the purpose of screening illegally/irregularly appointed teachers working in Lower Primary/Upper Primary Schools in the State and furtherin the said Office Memorandum dated 15.11.2011 guidelines have been laid down regarding the functioning of the said Screening Committee. 5.The Director of Elementary Education, Assam on 01.02.2012 issued an advertisement in the Education (Elementary) Department calling for applications fromall such irregularly/illegally appointed teachers and continuously working in such provincialised Lower Primary/Upper Primary Schools since 1991 to 2001, who are working without any break in their service till the date of said advertisement and was not getting their salary since joining or only intermittently. By the said advertisement, the applicants were informed that they have to submit complete information and documents alongwith their applications like - (a) copies of the original treasury Challan submitted earlier and after the said advertisement Rs. 100/-, (b) copy of the interview call letter or any other details of such interview, (c) position in the select-list prepared by Sub-Divisional Advisory Board and the name of the Board, (d) copy of training pass certificate, (e) copy ofappointment letter, (f) copy of GPF number, (g) copy of Service Book and (h) copy of specific Court orders. The last date of submission of application was 29.02.2012. The advertisement also clarified that the teachers who had selected but did not join as teacher or who joined but terminated by authority or by order ofthe Hon’ble Court need not apply.

6. In terms of the said advertisement, the petitioner applied and after such screening, on 08.11.2012 the respondent authority uploaded the verified datas in the portal of the Directorate of Elementary Education, Assam wherein the petitioner’s case was also uploaded with detail reports of verification, rejecting the case of the petitioner with the remark that the School Managing Committee appointed the petitioner as honorary teacher. Thereafter, the Director of Elementary Education, Assam on 10.11.2012 made another advertisement in continuation of the said preliminary screening of illegal/irregular teachers appointed between 1991 - 2001 in the State in different provincialised Lower Primary and Upper Primary Schools as earlier advertised on 01.02.2012, notifying all concerned that those applicants whose cases are summarily rejected as being found as honorary teachers, non-working teachers, applications not properly filled up, terminated teachers alongwith the candidates appointed before 1991 and after 2001 and publishedthe list in the Government website of all the 24 Districts stating the reason o f rejection of their respective application received pursuant to the said advertisement dated 01.02.2012. By the said advertisement, the Directorate of Elementary Education, Assam also notified that keeping aside the rejected applications; the remaining applications are in need of further screening with some related documents for early completion of preliminary screening, and accordingly, all suchconcerned were directed to submit the following documents before the said Directorate on or before 30.11.2012 with their applications in closed envelop duly attached by gazetted officers. In the said advertisement dated 10.11.2012, the documents that were sought for - (1) Treasury Challan and interview call letter of the period when the incumbent applied first for the service and call for interview, (2) Service Book, (3) Training pass certificate (Junior Basic/Senior Basic/Normal Training) with Roll No., year and name of institution from where the training passed, (4) G.P.F. account number of the incumbent, (5) latest Court case order, if any.

7. The petitioner pursuant to 10.11.2012 advertisement also applied but didnot receive any response from the official respondents and as such preferred this petition for a direction to the respondent No. 2, the Director of Elementary Education, Assam to consider his application in terms of the advertisement dated01.02.2012 referred above.

8. The Director of Elementary Education, Assam by its affidavit dated 30.09.2013 in the present matter has submitted that on screening, it was found that the School Managing Committee of the Madrassa in question appointed the petitioner on honorary basis after the Madrassa in question was provincialised, without having any legal power and/or authority to appoint the petitioner in it. The Director of Elementary Education, Assam in its affidavit clarified that the application of the petitioner for regularization of his service pursuant to the advertisement made on 01.02.2012 alongwith other such teachers who were appointed illegally/irregularly during the year 1991 to 2001 were duly considered and the preliminary Scrutiny Committee constituted by the Government rejected the application of the petitioner on the ground that he is a honorary teacher appointed by the concerned School Managing Committee of the Madrassa in question in a provincialised school. The Director of Elementary Education Assam further submitted that pursuant to the subsequent advertisement dated 10.11.2012, against which the petitioner had applied for the second screening; it is stated that the case of the petitioner will be placed before the preliminary Screening Committee for reconsideration of his application as per Hon’ble Court’s order dated 18.03.2003 in W.P.(C) No. 1409/2013. 9.During the course of argument, Mr. N. Sarma, learned Standing Counsel, Elementary Education, on instructions, submitted that the second Screening Committee duly verified the case of the petitioner and submitted its report before theGovernment in the Elementary Education, and accordingly, the Government placed the matter before the Screening Committee under the Commissioner, North Assam Division. Mr. Sarma also submitted that after the receipt of the report from such Scrutiny Committee under the Commissioner of North Assam Division, the case of the petitioner and such reports shall be placed before the Cabinet of the State for necessary approval.

10. From the aforementioned facts, it is seen that the case of the petitioner pursuant to the advertisement made on 01.02.2012 and subsequent advertisement dated 10.11.2012 both of the Director of Elementary Education, Assam pursuant towhich the petitioner had applied for, has been actively considered by the respondents and now the final outcome is awaited, after furnishing the report by the Scrutiny Committee under the Commissioner of North Assam Division and the acceptance of such report by the Cabinet. If the petitioner is aggrieved with any suchdecision of the Screening Committee under the Commissioner of North Assam Division, the petitioner may approach the appropriate forum for his grievances. 11.With the aforesaid observation this petition stands disposed of.