Gauhati High Court
Jayita Das vs The State Of Assam And 5 Ors on 23 January, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010234572024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6036/2024
JAYITA DAS
W/O- BIBUDH KANTI PURKAYASTHA, POST GRADUATE TEACHER,
BENGALI, PRESENTLY SERVING AT INDRA KUMARI GIRLS HIGHER
SECONDARY SCHOOLS, HAILAKANDI, R/O- PRASANTI APARTMENT,
AMBICAPATTY, OPPOSITE DURGA SHANKAR PATSHALA, DURGA
SHANKAR LANE, SILCHAR, DIST. CACHAR, ASSAM, PIN- 788004.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION
DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK-C, DISPUR,
GUWAHATI, ASSAM, PIN- 781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA
GUWAHATI
ASSAM PIN- 781019.
3:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
SILCHAR CACHAR ASSAM
4:THE INSPECTOR OF SCHOOLS
HAILAKANDI DISTRICT CIRCLE
HAILAKANDI ASSAM
5:THE PRINCIPAL
INDRA KUMARI GIRLS HIGHER SECONDARY SCHOOL
HAILAKANDI
ASSAM
PIN- 788151.
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6:THE PRINCIPAL
D N N K HIGHER SECONDARY SCHOOLS
SILCHAR
DIST. CACHAR
ASSAM
PIN- 788001
Advocate for the Petitioner : MR. B PURKAYASTHA, J.P. BARUAH
Advocate for the Respondent : SC, SEC. EDU.,
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 23.01.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner and Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department.
2. The petitioner's case is that the petitioner is serving as a Post Graduate Teacher (Bengali) in Indra Kumari Girls Higher Secondary School, Hailakandi. The petitioner made a request for transfer to a school in Cachar district in the year 2022. The petitioner's request for transfer was allowed, vide order dated 31.07.2024 issued by the Directorate of Secondary Education, Assam.
3. The petitioner's counsel submits that the petitioner was not made aware of the order dated 31.07.2024, allowing the transfer of the petitioner to Cachar district. He also submits that no place of posting has been given to the petitioner till date.
4. Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department submits that the petitioner is projecting a wrong case, inasmuch as, Page No.# 3/4 once the approval for transfer has been made by the competent authority, the petitioner is to seek release from her present school within ten days from the date of issuance of the transfer order. After being released from her school, the petitioner is to report to the Inspector of Schools in the newly posted district of Cachar. Thereafter, the District Level Committee (DLC) in Cachar district is to allot a school to the petitioner, considering the Pupil Teacher Ratio (PTR) and other relevant criteria as per Rules.
5. Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department submits that the petitioner has not made any prayer to release her from the old school, as can be seen from the letter dated 18.12.2024 issued by the Principal of Indra Kumari Girls Higher Secondary School, Hailakandi. He also submits that the petitioner has no right to claim posting to a particular school and the posting of the petitioner to a school in Cachar district, is entirely the discretion of the concerned DLC, in terms of the PTR and other relevant criteria as per Rules.
6. Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department submits that as petitioner's prayer is for giving her a place of posting, the same can be done by the DLC, Cachar district, in terms of the transfer order dated 31.07.2024.
7. I have heard the learned counsels for the parties.
8. The transfer order dated 31.07.2024 issued by the Directorate of Secondary Education Department, Assam, approving the own transfer request to Cachar district, has not been put to challenge by the petitioner and in fact, the Page No.# 4/4 petitioner's case is that the transfer order should be implemented by giving a posting order to the petitioner. The transfer order has not stated to which particular school the petitioner is to be posted to. The condition Nos. 2 & 3 of the transfer order dated 31.07.2024 states as follows:-
"2. The teacher will take release from the present place of posting and will report to the Inspector of Schools of the newly posted district within 10 (ten) days from the date of issue of this order.
3. Thereafter, the District Level Committee of the newly posted District shall allot the School to the teacher considering the PTR and other relevant criteria, as per rules and will justify the selection of new place of posting."
9. In view of the fact that the respondents' counsel submits that a place of posting would be given to the petitioner in terms of the order dated 31.07.2024, the Principal of Indra Kumari Girls Higher Secondary School, Hailakandi shall release the petitioner from her present place of posting. The petitioner shall thereafter submit the release order to the Inspector of Schools of the newly posted district. The DLC of the Cachar district shall thereafter consider the PTR and other relevant criteria as per Rules and post the petitioner to a Higher Secondary School within Cachar district, as per their discretion. It is made clear that there is no right on the part of the petitioner to be posted in a particular school, as has been prayed for by him, in his letter dated 18.09.2024.
10. The writ petition is accordingly disposed of.
JUDGE Comparing Assistant