GAUHATI HIGH COURT ISSUES ORDER FOR SMTI KALPANA DEVI V/S THE STATE OF ASSAM AND ORS.

GUWAHATI, India, Oct. 15 -- Gauhati High Court issued the following order on Sept. 15:

1. Heard Mr. T. J. Mahanta, learned Senior Counsel, assisted by Ms. P. Bhattacharya, leaned counsel for the petitioner and Ms. D. Musahary, learned Standing Counsel for the respondent Nos. 1 to 5.

2. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the Order dated 25.04.2022 (Annexure-17), issued by the Director of Secondary Education, Assam, Kahilipara, and also to issue direction to the respondent authorities to provincialise the service of the petitioner as Tutor in the subject of Sanskrit at Madhya Panduri Higher Secondary School, Jamtola, Rangia, under the provision of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017.

3. Mr. Mahanta, learned Senior Counsel for the petitioner submits that the petitioner was appointed as subject teacher in Sanskrit at Madhya Panduri Higher Secondary School, Jamtola, Rangia, on 27.07.2009 and she joined in the said school on 01.08.2009 and is discharging her duties since then. The said school was provincialised in the year 2013 and though the petitioner was eligible for provincialisation of her services, but she was shown in excess and therefore, her service was not provincialised. Thereafter, on the enactment of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, which was later amended in 2018; the Principal of Madhya Panduri Higher Secondary School, Jamtola, Rangia submitted detailed information of individual teachers and students, who appeared in the Higher Secondary Final Year in Sanskrit from the said school, during the last seven years. Thereafter, the Inspector of Schools, Kamrup District Circle, forwarded the said proposal for provincialisation of services of the petitioner, vide letter dated 24.07.2018 (Annexure-6); and the petitioner has also submitted a representation before the respondent No. 2 on 05.08.2020 and in-fact, the respondent No. 3, vide his letter dated 11.09.2020, submitted his opinion regarding the provincialisation of service of the petitioner; and there are sufficient students in the subject of Sanskrit since the last seven years, and the results of the Higher Secondary Examination in the subject of Sanskrit are very impressive; and the petitioner fulfils all the conditions of provincialisation in the post of Tutor of Sanskrit, as per the provision of the Act of 2017; but her service was not provincialised, in spite of fulfillment of all the conditions. Thereafter, she approached this Court by filing WP(C) No. 4783/2021 for provincialisation of her services as Tutor in the subject of Sanskrit, and vide letter dated 21.09.2021, the Court disposed of the said petition with a direction to the respondent No. 2 to verify the entire record and to pass appropriate order, by giving reasons regarding the provincialisation of the service of the petitioner as Tutor in the subject of Sanskrit in Madhya Panduri Higher Secondary School; but the respondent No. 2 without taking into consideration the materials on record and without considering the judgment of this Court dated 21.09.2021, issued the impugned order dated 25.04.2022 (Annexure-17), rejecting the claim of the petitioner.

3.1. Mr. Mahanta, further submits that the petitioner is the only teacher in the subject of Sanskrit in Madhya Panduri Higher Secondary School, Jamtola, Rangia, for the last four years, and in spite of fulfillment of all the necessary conditions under the Provincialisation Act of 2017; the respondent No. 2, without examining and verifying the materials on record, dismissed the prayer of the petitioner, which is arbitrary and illegal and therefore, the petitioner approached this Court by filing the present petition, challenging the aforesaid order; and under such circumstances, Mr. Mahanta has contended to allow this petition.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfJmWjSFVSF732VUL3Ar5iPYpB7kBDH9n8BSKfelx6Ouo&caseno=WP(C)/4534/2022&cCode=1&cino=GAHC010128722022&state_code=6&appFlag=)

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