Gauhati High Court
Anjali Naiding vs North Cachar Hills Autonomous Council ... on 11 September, 2024
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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GAHC010185882024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4634/2024
ANJALI NAIDING
W/O- SHRI BIJOY PHONGLO, R/O- VILLAGE- DIYUNGKRO, P.O./P.S.
MAHUR, DIMA HASAO, ASSAM- 788830
VERSUS
NORTH CACHAR HILLS AUTONOMOUS COUNCIL AND ANR
REPRESENTED BY THE PRINCIPAL SECRETARY (T), HAFLONG, DISTRICT-
DIMA HASAO, ASSAM- 788819
2:THE DISTRICT PRIMARY EDUCATION OFFICER
NORTH CACHAR HILLS AUTONOMOUS COUNCIL
HAFLONG
DISTRICT- DIMA HASAO
ASSAM- 78881
Advocate for the Petitioner : MR B D DAS, MR H K SARMA,MR. D THAOSEN
Advocate for the Respondent : SC, N C HILLS,
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
11-09-2024 Heard Mr. B D Das, learned Senior counsel assisted by Mr. P Thousen, learned counsel for the petitioner and Mr. R M Das, learned Standing counsel, NC Hills Autonomous Council, for the respondent Nos. 1 & 2.
2. Since, 1989 the petitioner is serving as an Assistant Teacher in lower primary school in Page No.# 2/4 the district of North Cachar Hills Autonomous Council (NCHAC). Since June, 2016 the petitioner is serving at Choto Longmailai Lower Primary School under Mahur Education Circle of NCHAC.
3. By the impugned order issued under No. NCHAC/Dist.Pry.Edn./Trans & Post/ 2/151/2024- 25/15 dated 30.08.2024, the District Primary Education Officer, N.C. Hills Autonomous Council transferred the petitioner from Choto Longmailai L.P. School of Mahur Education Circle to Longrenbra L.P. School of Langting Education Circle.
4. The petitioner submitted that she is suffering from various medical ailments and that her transfer from Choto Longmailai L.P. School to Longrenbra L.P. School is not in conformity with the provisions specified in the Assam Elementary and Secondary Education Teachers (Regulation of Posting and Transfer) Act, 2020 and as such, the impugned transfer order dated 30.08.2024 being not as per the provisions of the said 2020 Act, it should not be implemented and should be set aside and quashed.
5. On the other hand, Mr. R M Das, learned Standing counsel, NCHAC, on instruction, has submitted that the authorities in the NCHAC considering the fact that Dima Hasao district being a hilly terrain district and as the road communication is not good in most of the interior parts of the said district, the Pupil Teacher Ratio (PTR) for the L.P. Schools under the District Primary Education Department of NCHAC, Haflong should be followed at the ratio of 15:1 and the same has been followed since June, 2023.
6. By placing the minutes of the meeting dated 05.06.2024 of the NCHAC, Haflong Rationalization Committee regarding rationalization of L.P. teachers under District Primary Education Department, HCHAC, Haflong, Dima Hasao, Mr. Das placed that the committee resolved to transfer L.P. school teachers who have served more than three years in the same place of posting considering the fact that maximum numbers of L.P. teachers in the district of Dima Hasao under the District Primary Education Department, NCHAC has served more than three years in their respective places of posting and by the impugned order dated 30.08.2024 such L.P. school teachers including the petitioner who have been found serving in their respective schools for more than three years and above, have been transferred from one educational circle to another educational circle of the district concerned.
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7. Mr. Das also placed that in the school in which the petitioner has been serving since 2016, i.e., Choto Longmailai Lower Primary School under Mahur Education Circle, presently there are 26 numbers of students with 3 teachers, whereas the school to which she has been transferred, i.e., Longrenbra L.P. School of Langting Education Circle has 45 numbers of students with 1 teacher.
8. The communication of the District Primary Education Officer, NCHAC, Haflong with the numbers of L.P. schools with their relevant educational circle, numbers of students of such schools and the numbers of teachers working therein placed before the Court by the respondents in the NCHAC reveals some interesting facts.
9. It is seen that in Didambra L.P. School of Hajadisa educational circle of Dima Hasao district, there are only 6 numbers of students and against them there are 15 numbers of teachers and from the impugned order it is seen that only one teacher has been transferred out of said Didambra L.P. School. In Dihur Phonglo L.P. School of Maibang educational circle there are 73 numbers of students with 10 teachers, from where only one teacher has been transferred by the impugned order. In Bhanjang L.P. School of Jatinga educational circle there are 47 numbers of students with 11 numbers of teachers, but none has been transferred out. In Kashipur L.P. School of Haflong 'B' educational circle there are 54 numbers of students with 7 teachers and in the case of J.B. Hagjer L.P. School of Mahur educational circle against 119 numbers of students there are only 7 teachers.
10. The above facts indicate that the respondent authorities in the NCHAC, Haflong while issuing the impugned transfer order dated 30.08.2024 did not follow the provisions of Section 6 (A) of the said 2020 Act in proper perspective and only considered the transfer of those teachers who have served more than three years in their respective place of posting in the concerned L.P. schools.
11. Issue Rule, returnable by 8 (eight) weeks.
12. As Mr. R M Das, learned Standing counsel, NCHAC has accepted notice on behalf of the respondent Nos. 1 & 2, no formal notice need be issued to those respondents.
13. Petitioner shall serve requisite extra copies of this writ petition including the Annexures Page No.# 4/4 appended thereto, to Mr. R M Das, learned Standing counsel, NCHAC, for the respondent Nos. 1 & 2 by 13.09.2024, obtaining necessary acknowledgment from him in that regard.
14. Until further order of the Court, subject to taking steps on the respondents as directed above, the impugned transfer order No. NCHAC/Dist.Pry.Edn./Trans & Post/2/151/2024-25/15 dated 30.08.2024, transferring the petitioner from Choto Longmailai L.P. School of Mahur Education Circle to Longrenbra L.P. School of Langting Education Circle shall remain suspended.
15. However, following the provisions of Section 6 (A) of the Assam Elementary and Secondary Education Teachers (Regulation of Posting and Transfer) Act, 2020, the respondent authorities may issue necessary transfer order in Longrenbra L.P. School of Langting Education Circle complying with the Pupil Teacher Ratio (PTR) as per the provisions of Sections 19 and 25 and the Schedule of the Right of Children to Free and Compulsory Education Act, 2009.
16. Communication made to Mr. R M Das, learned Standing counsel, NCHAC by the District Primary Education Officer, Haflong placed before the Court today be kept as part of the record.
17. List accordingly.
JUDGE Comparing Assistant