Gauhati High Court
Mahidul Haque Choudhury vs The State Of Assam And 3 Ors on 22 August, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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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
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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 22/08/2023 Heard Ms. R Baruah, learned counsel for the petitioner and Ms. H Terangpi, learned Standing counsel, Department of School (Secondary) Education for the respondent Nos. 1 to 3.
2. Petitioner is an Assistant Teacher in Changsari Adarsha Higher Secondary School since 07.06.2004. Though, he is serving as an Assistant Teacher but he is a Master degree holder in Mathematics and has also obtained B.Ed. degree both from the Gauhati University in the year 2000 and 2003 respectively.
3. By an order under No. IS/KDC/E-1/Rationalization/1/2023/312 dated 11.08.2023, the Inspector of Schools, Kamrup District Circle, Amingaon transferred the petitioner from Changsari Adarsha Higher Secondary School to Bangshar Higher Secondary School in the District of Kamrup on the ground of rationalization in the interest of the students and for improvement of education of the school concerned as per the provisions of the Assam Elementary and Secondary School Teachers' (Regulation of Posting and Transfer) Rules, 2022 read with the Assam Elementary and Secondary School Teachers' (Regulation of Posting and Transfer) Act, 2020 and the Office Memorandum under e- File No. 21676 dated 05.05.2023.
4. By placing the provisions of Sections 6 (b) and 6(d) of the said 2020 Act, it is placed before the Court on behalf of the petitioner that the Pupil Teacher Ratio (PTR) of a Secondary School @ 40:1 has to be maintained and there must be minimum 10 students for a particular subject for providing a Teacher for that subject.
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5. It is also placed before the Court that as per Section 6 (d) of the said 2020 Teacher from a high PTR school may only be transferred to a school having low PTR and under no circumstance Teacher from a low PTR school shall be transferred to a high PTR school except under Section 9 of the said 2020 Act.
6. It is placed before the Court that the impugned order dated 11.08.2023 was issued by the Inspector of Schools, Kamrup District Circle, Amingaon and not by the Deputy Commissioner, Kamrup, Amingaon. As such, the impugned transfer order of the petitioner is not under Section 9 of the said 2020 Act, but for rationalization as provided under Section 6 of the said 2020 Act.
7. Ms. H Terangpi, learned Standing counsel, Department of School (Secondary) Education submitted that the Assam Elementary and Secondary School Teachers' (Regulation of Posting and Transfer) Act, 2020 has been amended by the Assam Elementary and Secondary School Teachers' (Regulation of Posting and Transfer) (Amendment) Act, 2023 that came into force w.e.f. 24.07.2023 and Section 5A has been brought in the said 2020 Act, where the Government in the School Education Department for administrative exigencies may transfer or shift any teacher at any time during a year for rationalization or shifting of teachers which is done throughout the year.
8. From the impugned order dated 11.08.2023 transferring the petitioner from Changsari Adarsha Higher Secondary School and posting him at Bangshar Higher Secondary School in the District of Kamrup, it is seen that the Inspector of Schools, Kamrup District Circle, Amingaon issued the said transfer order on the ground of rationalization pursuant to the approval accorded by the State Level Committee followed by the communication of the Director of Secondary Education, Assam vide letter dated 04.08.2023.
9. Considering the above, list this matter on 24.08.2023, enabling Ms. H Terangpi, learned Standing counsel, Department of School Education to place the relevant records in original in which the impugned transfer order No. IS/KDC/E-1/Rationalization/1/2023/312 was issued by the Inspector of Schools, Kamrup District Circle, Amingaon on 11.08.2023.
10. Petitioner shall serve 2 (two) extra copies of this writ petition along with the Annexures appended thereto to Ms. H Terangpi, learned Standing counsel, Department of School Education during the course of the day, obtaining necessary acknowledgment from her in that regard.
11. Till then (i.e., 24.08.2023), the parties to this proceeding shall maintain status-quo as on today with regard to the transfer of the petitioner vide order dated 11.08.2023 issued by the Page No.# 4/4 Inspector of Schools, Kamrup District Circle, Amingaon, if he is not already released.
JUDGE Comparing Assistant