Gauhati High Court
Hemanta Goswami vs The State Of Assam And 4 Ors on 9 August, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010117902021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4211/2021
HEMANTA GOSWAMI
S/O SRI R. GOSWAMI
RESIDENT OF LAKHIMPUR, PO AND DIST LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR,
GUWAHATI
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
ASSAM
KAHILIPARA
GUWAHATI 781019
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
LAKHIMPUR
DIST LAKHIMPUR
ASSAM
4:THE ADVISORY BOARD FOR ELEMENTARY EDUCATION
NORTH LAKHIMPUR
DIST LAKHIMPUR
ASSAM
THROUGH THE CHAIRMAN
LAKHIMPUR
ASSAM
Page No.# 2/4
5:THE COMMISSIONER AND SECRETARY
DEPARTMENT OF FINANCE
GOVT. OF ASSAM
DISPUR GUWAHATI 78100
Advocate for the Petitioner : MR. M BISWAS
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
09-08-2023 It is seen that the Director of Elementary Education, Assam by its letter No. EHA- 132/2007/93 dated 02.02.2008 informed the Commissioner and Secretary to the Government of Assam in the Education (Elementary) Department that altogether 219 posts (190+28+1=219) were allowed by the said Director to the District Elementary Education Officer (DEEO), Lakhimpur under the Scheme Operation Black Board (4040).
Accordingly, the DEEO, Lakhimpur regularized 97 dropped Teachers and 108 number of Teachers during the year 2001 thereby 205 (108+97) numbers of Teachers were regularized under the Scheme of OBB (4040) from amongst those 219 persons and the remaining 14 posts were filled up by the DEEO, Lakhimpur in the year 2001 including the petitioners of WP(C) No. 4266/2001 (Sri Tilok Neog and others Vs. State of Assam and others).
By communication No.DEEO/L/NL/WP(C) No. 4266/01/3769 dated 30.09.2008, the DEEO, Lakhimpur informed the Commissioner and Secretary to the Government of Assam in the Education Department that the Director of Elementary Education, Assam published an advertisement on 25.12.1996 through Janasanyog Nos. 12400/96 for Page No.# 3/4 filling up of 7500 posts of Middle and Primary Schools in the State of Assam (under the Director of Elementary Education, Assam) and that the Government in the Education Department vide Notification No.B(3)S-118/2001/8 dated 23.02.2001 constituted a Sub Divisional Level Selection Board for North Lakhimpur Sub Division for the selection of candidates to appoint as Teachers in the Middle and Primary Schools under North Lakhimpur Sub Division and accordingly, the said Board in its meeting held on 05.03.2001 under the then Chairmanship of one Mr. Utpal Dutta, former Minister of PHE, Assam adopted a Resolution for appointment of Teachers against OBB (4040) posts and in terms of the same, petitioners of WP(C) No. 4266/2001 those were selected by the said Board, were appointed.
The appointment order of the petitioner dated 12.03.2001 issued by the DEEO, Lakhimpur, North Lakhimpur reflects that on being recommended by the Sub Division Level Advisory Board, North Lakhimpur dated 05.03.2001, the petitioner was appointed at Kadam M.V. School against the post created by the Government vide letter No.PMA.337/95/PT-I/152 dated 24.04.1998 with reference to the Selection List dated 05.03.2001 of the Advisory Board of the Elementary Education, North Lakhimpur.
During the time of appointment of the petitioner, the Assam Elementary Education (Provincialisation) Rules, 1977 as amended on 30.04.1997, a statutory Rule under Article 309 of the Constitution of India was in force and as per the provision of Rule 3 of said 1977 amended Rules, the Select List of candidates selected by the Selection Board gets finality only when the Director of Elementary Education authenticates the same and thereafter, such list is published and notified in the specified place as stipulated in Rule 3 of said 1977 Rules.
The appointment order of the petitioner annexed to this writ petition as Annexure-1 specifies only about the selection of the Sub Division Level Advisory Board on 05.03.2001 and does not state about the authentication of the Director of Page No.# 4/4 Elementary Education, Assam.
Notice in the case was issued on 13.09.2021, but the respondents in the Elementary Education, Assam have not filed any affidavit in the matter till date.
The Secretary to the Government of Assam in the Department of School (Elementary) Education as well as the Director of Elementary Education, Assam shall file their respective detail affidavit(s) in the matter on or before 02.09.2023.
Failure on the part of the Secretary to the Government of Assam in the Department of School (Elementary) Education as well as the Director of Elementary Education, Assam in filing their respective affidavits in the matter on or before 02.09.2023, the Court shall consider to pass consequential orders against them for obstructing the adjudication of this case pending before the Court.
List this matter on 15.09.2023.
JUDGE Comparing Assistant