Gauhati High Court
Mahidul Haque Choudhury vs The State Of Assam And 3 Ors on 24 August, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010185242023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4795/2023
MAHIDUL HAQUE CHOUDHURY
S/O LATE HAMID ALI,
RESIDENT OF VILLAGE RANGMAHAL,
P.O.- RANGMAHAL,
DISTRICT- KAMRUP, ASSAM,
PIN- 781030.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY,
TO THE GOVERNMENT OF ASSAM,
EDUCATION (SECONDARY) DEPARTMENT, ASSAM,
DISPUR, GUWAHATI- 781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
SECONDARY EDUCATION DEPARTMENT
KAHILIPARA
GUWAHATI- 781019
ASSAM.
3:THE INSPECTOR OF SCHOOLS
KAMRUP DISTRICT CIRCLE
AMINGAON
GUWAHATI- 781031
DISTRICT- KAMRUP
ASSAM.
4:THE PRINCIPAL
Page No.# 2/4
CHANGSARI ADARSHA H.S. SCHOOL
CHANGSARI
KAMRUP
ASSAM- 781101
Advocate for the Petitioner : MS. RUKMINI BARUA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
24-08-2023 Heard Ms. R. Barua, learned counsel for the petitioner and Ms. H. Terangpi, learned Standing counsel, Department of School (Secondary) Education, Assam for the respondent Nos. 1 to 3.
2. Pursuant to the order dated 22.08.2023, Ms. Terangpi, learned Standing counsel, Department of School (Secondary) Education, Assam has placed before the Court the relevant records in original regarding rationalization of teachers in the district of Kamrup wherein the Inspector of Schools, Kamrup District Circle (KDC), Amingaon passed the impugned order under No. IS/KDC/E- 1/Rationalization/1/2023/ 312 dated 11.08.2023 transferring the petitioner, an Assistant Teacher from Changsari Adrasha Higher Secondary School to Bongshar Higher Secondary School within the jurisdiction of the Inspector of Schools, Kamrup, Amingaon towards rationalization so as to follow the Pupil Teacher Ratio (PTR) to the possible extent.
3. From the records of the case, it is seen that following the provisions of (i) the Assam Elementary and Secondary Education School Teachers' (Regulation of Posting and Transfer) Act, 2020;
(ii) the Assam Elementary and Secondary School Teachers' (Regulation of Posting and Transfer) Rules, 2022 and (iii) the Office Memorandum of the State Government in the Department of School Education under E. File No. 21676 dated 05.05.2023 issued by the Secretary to the Government of Assam in the Department of School Education relating to rationalization of teachers and posts of teachers, a meeting was held on 18.05.2023 and accordingly, a list was prepared on 14.07.2023 and Page No.# 3/4 the members of the District Level Committee, Kamrup, Amingaon including its Chairman and Member Secretary on 14.07.2023 itself approved the detail list of rationalization of regular teachers of Secondary Schools of Kamrup District that includes the transfer of 67 Nos. of teachers serving under the Inspector of Schools, KDC, Kamrup, Amingaon for their transfer on the ground of rationalization to other such Secondary Schools of the district of Kamrup where there was requirement of Assistant Teachers of Arts, Science, Hindi, Arabic and Persian as the case may be.
4. Such list prepared by the District Level Committee, Kamrup, Amingaon was forwarded to the Director of Secondary Education, Assam and it was approved by the Director of Secondary Education, Assam as well as the State Level Committee. Thereafter, the transfer orders of those 67 Nos. of teachers serving under the Inspector of Schools, KDC, Kamrup, Amingaon were issued including that of the impugned transfer order dated 11.08.2023 of the petitioner.
5. The members of the State Level Committee and the District Level Committee are the competent authority for recommending of transfer of the teachers as per the PTR norms as has been defined in the said 2020 Act.
6. The Office Memorandum dated 05.05.2023, noted above, contains the Schedule of the Right to Education Act, 2009 and one table of Minimum and Maximum Enrolment in a Secondary School and Teacher placement following - (i) one teacher per classroom; (ii) minimum of one teacher against maximum 40 students, (iii) one teacher for one subject and (iv) minimum enrolment in one subject is 10 per class and PTR with minimum enrollment and minimum teacher is 25:1; PTR with minimum enrolment and maximum teacher is 21:1, PTR with maximum enrolment and minimum teacher is 40:1 and PTR with maximum enrolment and maximum teacher is 33:1.
7. Clause 4 of the said Office Memorandum dated 05.05.2023 relates to "Rationalization of Teachers and Posts."
8. Sub-Clause (xix) of said Clause 4 of the Office Memorandum dated 05.05.2023 stipulates that
- While rationalizing, in a particular teacher category subject-wise, the most junior teacher in terms of tenure in service shall be transferred first.
9. Sub-Clause (xx) of said Clause 4 of the Office Memorandum dated 05.05.2023 provides that - Teachers who have only 3 (three) years to retirement are preferably not to be considered for rationalization.
Page No.# 4/4
10. From the records placed before the Court today, it is seen that the during the time of consideration of the rationalization in the month of May, 2023, the Pupil Teacher Ratio at Changsari Adarsha Higher Secondary School was 467 Nos. of enrolment of students with 39 Nos. of teachers serving in that school. After the decision of the rationalization of teachers by the District Level Committee altogether, 7 Nos. of teachers from said Changsari Adarsha H.S. School were considered for rationalization that includes 4 Nos. of Assistant Teachers of Arts and 3 Nos. of Assistant Teachers of Science including the petitioner.
11. On the next date fixed, the Inspector of Schools, KDC, Kamrup, Amingaon shall place before the Court the seniority list of teachers of said Changsari Adarsha H.S. School as on 05.05.2023 i.e., the date of issuance of the said Office Memorandum of the State Government in the Department of School Education specifying the respective categories of the teachers whether they are post-graduate teachers with subject concerned, Arts Teachers or Science Teachers or Language Teachers (with the languages, like, Hindi, Sanskrit etc.), the dates of their joining in service, the dates of their joining in said Changsari Adarsha H.S. School and their respective dates of birth as well as the dates of their retirement from service.
12. List this matter on 29.08.2023.
13. Till then, i.e., 29.08.2023, the interim order passed earlier on 22.08.2023 shall remain in force.
JUDGE Comparing Assistant