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Judgment
Heard Mr. PK Deka, learned counsel for the petitioners and Mr. AMS Mazumdar, learned counsel for the respondent No.8. Also heard Ms. R Roy
Choudhury, learned counsel for the respondent No. 1,2,4,5 and 6 and Ms. RB Bora, learned counsel appears for the respondent No.3. Mr. P Nayak,
learned counsel appears for the respondent No. 7.
The matter pertains to provincialisation of a venture school and the contention of the petitioners is that the details and identity of their school i.e.
Swahid Mujamil Haque Venture L.P. School in Lakhirbond of Hailakandi was, usurped by the respondent Nos.8 and 9 of the similarly spelt Sahid
Muzamil Haque L.P. School, Kalibari Bazar in Hailakandi district, to receive un-deserved provincialisation, under the impugned order of the DEE,
Assam on 15.05.2013 and the DEEO’s order dated 08.08.2013.
The learned counsel, Mr. P.K. Deka refers to the particulars at page-20 relating to the petitioners’ school, to project that the Swahid Mujamil
Haque Venture L.P. School was established on 01.03.1972 and the two petitioners had joined the school on 21.01.1987 and 06.03.1998 respectively.
Whereas, the other school i.e. Sahid Muzamil Haque L.P. School was established subsequently on 01.01.1973 and the respondent Nos.8 and 9 were
appointed in this school on 01.01.1997 and on 01.01.1992, respectively. However the dates of appointment of the petitioners and the date of
establishment of the petitioners’ school on 01.03.1972, was incorrectly shown as the relevant dates for the respondent Nos.8 and 9 (Salim Uddin
Laskar and Aleya Begum Laskar) and on that basis it is argued that un-deserved provincialisation has been granted to the other school on the basis of
the dates which are relevant for the, older school of the petitioners.
Mr. PK Deka, learned counsel for the petitioner submits that representations withregard to the grievance of the petitioners was filed on 03.11.2013,
before the BEEO, Hailakandi and on 20.02.2016, before the DEEO, Hailakandi. However, no decision has been taken by the officers concerned till
date.
The counsels for the respondents submit that as Educational Tribunals havebeen established by the State Government in pursuance to the direction
passed by this Court in the case of Abdul Gafur Mandal â€"vs- State of Assam and Ors. , reported in 2015 (2) GLT 337 (FB) the grievance of the
petitioner should be decided by the Educational Tribunal, Hailakandi.
Mr. PK Deka, learned counsel for the petitioners does not have any objection tothe same.
The Government of Assam vide Notification dated 3.12.2015 has issuedNotification No. ELC/WP (C) No.2272/2013/403/194 dated 3.12.2015,
which states as follows:
“In compliance or order dated 19th March, 2015 passed by the Hon’ble High Court in WP ( C) No. 4612/2011, WP ( C) No.6109/2012 and
WP ( C) No. 2272/2013 and as per recommendation of the Hon’ble High Court, the Governor of Assam is pleased to designate the Court of
District Judges and Additional District Judges of each district to function as Educational Tribunals to adjudicate disputes relating to the teaching and
non-teaching staff of the non-government educational institution as well as disputes concerning disciplinary action and claim for provincialisation in
respect of teaching and non-teaching staff of venture educational institutions within their respective territorial jurisdiction from the date of issue of this
Notification.
Further, for this purpose, Governor of Assam is also pleased to include District of Dima Hasao, Karbi Anglong and Baska within the jurisdiction of
District Judge Court of Cachar, Nagaon and Udalguri respectively, until further order. “
The Commissioner and Secretary to the Government of Assam, Elementary Education Department has also issued Notification dated 02.06.2016,
which states as follows:Â
“In inviting a reference to the above, I am directed to inform you that Govt. Notification issued vide No.ELC WP (C) 2272/2013/403/194- dated
03/12/2-15, designating the Court of District Judges and Additional District Judges of each district to function as Educational Tribunals to adjudicate
disputes relating to the teaching and non-teaching staff of the Non-Govt. Educational Institutions as well as disputes relating disciplinary action and
claim for provincialisation, will be applicable in case of Secondary & Higher Education Department also, from the date of publication of the above
notification. A copy of the said Notification is enclosed herewith.â€
In view of the above reasons and as per consent of the parties, the petitioneris given the liberty approach the Educational Tribunal, Hailakandi with
regard to his grievance, enumerated in the writ petition within a period of one month from today. Thereafter, the Educational Tribunal shall decide the
issue after giving an opportunity of hearing to all the parties concerned and dispose off the same as expeditiously as possible, preferably within a
period of five months from the date of submission of the petitioner’s representation.
Writ petition is accordingly disposed off.