Gauhati High Court
Sha Jamal vs The State Of Assam And 6 Ors on 10 August, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/6
GAHC010175542023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4565/2023
SHA JAMAL
S/O- AKABBAR ALI,
VILLAGE- KUSHBARI,
P.O.- AIRKATA,
P.S.- FAKIRGANJ,
DIST.- DHUBRI, ASSAM,
PIN- 783330.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF SCHOOL EDUCATION (SECONDARY),
DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM-CUM- CHAIRMAN OF STATE LEVEL COMMITTEE
SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE DEPUTY COMMISSIONER-CUM-CHAIRMAN OF DISTRICT LEVEL
COMMITTEE
DHUBRI
P.O.- DHUBRI
DISTRICT- DHUBRI
ASSAM
PIN- 783301.
Page No.# 2/6
4:THE INSPECTOR OF SCHOOLS
DHUBRI DISTRICT CIRCLE (DDC)
DHUBRI
P.O. AND P.S.- DHUBRI
DISTRICT- DHUBRI
ASSAM
PIN- 783301.
5:BIKRAMJIT MANDAL
ASSTT. TEACHER OF BIDYAPARA BOYS H.S. SCHOOL
DHUBRI
P.O. AND P.S.- DHUBRI
DISTRICT- DHUBRI
ASSAM
PIN- 783301.
6:JABIN AHMED
ASSTT. TEACHER OF BIDYAPARA BOYS H.S. SCHOOL
DHUBRI
P.O. AND P.S.- DHUBRI
DISTRICT- DHUBRI
ASSAM
PIN- 783301.
7:SHORIFUL ISLAM
ASSTT. TEACHER OF BIDYAPARA BOYS H.S. SCHOOL
DHUBRI
P.O. AND P.S.- DHUBRI
DISTRICT- DHUBRI
ASSAM
PIN- 783301
Advocate for the Petitioner : MR. M R KHANDAKAR
Advocate for the Respondent : SC, SEC. EDU.
Page No.# 3/6
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
10-08-2023 Heard Mr. M. R. Khandakar, learned counsel for the petitioner and Ms. D. Muchahary, learned Standing counsel, Department of School (Secondary) Education, Assam for the respondent Nos. 1, 2 &
4. Also heard Mr. B. Deori, learned Government Advocate, Assam for the respondent No. 3.
2. The petitioner is a resident of Village-Kushbari, Airkata, Fakirganj of district Dhubri. Pursuant to the approval of the authorities in the Bodoland Territorial Council (BTC), communicated by the Additional Principal Secretary, BTC vide communication dated 25.09.2018, the Director of Education, BTC, Kokrajhar by order under No. DE/BTC/Apptt-248/Pt-IV/Koj/2018/17 dated 29.09.2018 appointed the petitioner as an Assistant Teacher (Arts) in the Pay Band-2 in the Scale of Pay of Rs. 14,000/- to Rs. 49,000/- with Grade Pay of Rs. 8,700/- per month plus other allowances as admissible under the Government Rule and posted him at Grahampur Higher Secondary School, Dingtinga of Kokrajhar district against a vacant sanctioned post. Accordingly, the petitioner joined the said Grahampur H.S. School as its Assistant Teacher (Arts) on 01.10.2018.
3. The petitioner applied for his inter district transfer from Kokrajhar district to Dhubri district under the provisions of the Assam Elementary and Secondary School Teachers' (Regulation of Posting and Transfer) Act, 2020. The State Level Committee on Transfer and Posting of Teachers under the Secondary Education Department recommended the said inter district transfer of the petitioner from the district of Kokrajhar to the district of Dhubri and the State Government in the Secondary Education Department approved the said transfer that was communicated to the Director of Secondary Education, Assam on 29.11.2022.
4. Pursuant to the same, the Director of Secondary Education, Assam by order No. GB- EST/TRN/12022/SE/M-04-0000409 dated 06.12.2022 transferred the petitioner from Grahampur H.S.School under Gossaigaon Education Block of Kokrajhar district and posted him at Bidyapara Boys H.S. School under Gauripur Education Block of Dhubri district in the same capacity as an Assistant Page No.# 4/6 Teacher (Arts). Accordingly, the Principal of Grahampur H.S. School, Kokrajhar released him on 08.12.2022 and thereafter, the petitioner joined his duty as an Assistant Teacher (Arts) in Bidyapara Boys H.S. School, Dhubri on 09.12.2022.
5. Later, in pursuance of the Assam Elementary and Secondary School Teachers' (Regulation and Posting and Transfer) Rules, 2022 read with the Assam Elementary and Secondary School Teachers' (Regulation of Posting and Transfer) Act, 2020 and in terms of the Government Notification under E. File No. 216176 dated 13.12.2022 being communicated by the Directorate of Secondary Education, Assam vide letter No. DSE/GIS/Rationalisation/474/2022/4 dated 19.12.2022 and as per the approval of the District Level Committee, Dhubri as well as the State Level Committee, Assam, the Inspector of Schools (In-charge), Dhubri District Circle (DDC), Dhubri by order under Memo No. ISD/PCA/Rationalisation/2023/598-603 dated 04.08.2023 transferred the petitioner from Bidyapara Boys H.S. School in the same capacity as an Assistant Teacher (Arts) and posted him at Bhassanichar High School on rationalisation.
6. By the said order dated 04.08.2023, the Inspector of Schools, Dhubri transferred 122 Nos. of Assistant Teachers serving in different Secondary Schools in the district of Dhubri and posted them at different Secondary Schools of the same district on rationalisation with a view to improve the number of PTR (Pupil Teacher Ratio) compliant Schools so as to fill the need based vacancies and overall improvement in the quality of education, wherein the name of the petitioner figured at Sl. No. 75. Further, by the said order dated 04.08.2023, the Inspector of Schools, Dhubri directed all those 122 Nos. of transferred Assistant Teachers to join their respective places of posting within a period of 7 (seven) days. The petitioner has annexed the said transfer order dated 04.08.2023 issued by the Inspector of Schools, Dhubri to this petition as Annexure-10.
7. Being aggrieved with said order of his transfer dated 04.08.2023 issued by the Inspector of Schools, Dhubri transferring him from Bidyapara Boys H.S. School to Bhassanichar High School as its Assistant Teacher (Arts), the petitioner has preferred this writ petition.
8. On perusal of the said transfer order dated 04.08.2023, noted above (Annexure-10 to this petition), pertaining to transfer of the petitioner from Bidyapara Boys H.S. School to Bhassanichar High School on rationalisation, it is seen that another Assistant Teacher of Arts namely, Bikramjit Mandal serving at Bahirsalmara Janata High School, whose name figured at Sl. No. 56, has also been transferred from the said Bahirsalmara Janata High School on rationalisation but has been posted at Bidyapara Boys H.S. School, substituting the petitioner; the post in which the petitioner joined on Page No.# 5/6 09.12.2022 after his Inter-district transfer on the basis of the recommendation of the State Level Committee, on approval of the State Government in the Education Department and the consequential order of his transfer dated 06.12.2022 from Kokrajhar district to Dhubri district issued by the Director of Secondary Education, Assam, noted above.
9. The petitioner has annexed the Office Memorandum under No. 216176 dated 05.05.2023 issued by the Secretary to the Government of Assam in the Department of School Education to this petition as Annexure-6 that relates to rationalisation of teachers so as to maintain the Pupil Teacher Ratio where the most junior teacher in terms of the service tenure needs to be transferred first. It is stated by the petitioner that he is not the junior most teacher in said Bidyapara Boys H.S. School under Gauripur Education Block in the district of Dhubri.
10. Though one of the Assistant Teachers of Arts from one Secondary school has been transferred and posted at another school on rationalisation by order dated 04.08.2023, but by the same order dated 04.08.2023, the Inspector of Schools, Dhubri filled up the said vacant post of Assistant Teacher of Arts at Bidyapara Boys H.S. School by transferring another Assistant Teacher of Arts from Bahirsalmara Janata High School, the said order of transfer of the petitioner issued by the Inspector of Schools, Dhubri dated 04.08.2023 cannot be considered to be a transfer on the ground of rationalisation.
11. Issue notice, returnable by 15.09.2023.
12. As Ms. D. Muchahary, learned Standing counsel, Department of School (Secondary) Education, Assam and Mr. B. Deori, learned Government Advocate, Assam have accepted the notices on behalf of the respondent Nos. 1, 2 & 4 and 3 respectively, no formal notice need to be issued to those respondents.
13. Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Ms. Muchahary, learned Standing counsel, Department of School (Secondary) Education, Assam and Mr. Deori, learned Government Advocate, Assam by tomorrow, i.e., 11.08.2023, obtaining necessary acknowledgment from them in that regard.
14. Petitioner shall take steps for service of notices on the respondent Nos. 5, 6 and 7 by registered post with A/D by tomorrow i.e., 11.08.2023, providing their correct and proper addresses with requisite postal stamps.
15. Subject to taking steps on the respondents Nos. 5, 6 and 7 by the petitioner, as directed above, Page No.# 6/6 the order of transfer of the petitioner issued by the Inspector of Schools, DDC, Dhubri under Memo No. ISD/PCA/Rationalisation/2023/598-603 dated 04.08.2023 transferring him from Bidyapara Boys H.S. School to Bhassanichar High School, both the schools in the district of Dhubri on the ground of rationalisation shall remain suspended, until further order of the Court.
16. List accordingly.
JUDGE Comparing Assistant