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Judgment
Heard Mr. UK Nair, learned Senior counsel for the petitioner. Also heard Mr. K Gogoi, learned Standing counsel, Higher Education Department.
The petitioners, herein, were all appointed in different colleges against certain non-sanctioned posts. The petitioner No.1, 2 and 4 were appointed in the West Goalpara College in the Department of Philosophy, whereas petitioner No.3 was appointed in the Bhawanipur Anchalik College, Bhawanipur in the Department of Education. The petitioner Nos. 5 and 6 were appointed in Biswanath College, Sonitpur in the Department of Statistics and further the petitioner Nos.7 and 8 were appointed in LOKD College, Dhekiajuli, Sonitpur in the Department of Philosophy.
A common factual position in the appointment of all the petitioners is that all of them were appointed against a non-sanctioned post, meaning thereby, appropriate post in the concerned Department in the respective Colleges were not available at that relevant point of time, when the petitioners were appointed. The Govt. of Assam in the Higher Education Department had issued an Office Memorandum dated 17.07.2004, which provides that as the State Government is not in a position to sanction any new post for the Colleges to accommodate the College Teachers, who are serving against non-sanctioned posts, a decision was taken that available vacant sanctioned post in any other Department of the concerned College or any other Colleges would be utilized for the purpose of regularization of such College Teachers, who were appointed and are serving against nonsanctioned posts. The said Office Memorandum, proceeds on the premises that the concerned College Teachers were appointed by the respective Governing Body of the Colleges on need basis as per the UGC guidelines and that the Government has also accorded concurrence to the subject/posts against which they were appointed.
In the instant case, the petitioners have stated that a provisional list of such Teachers/ Lecturers working in non-sanctioned post was published on 30.12.2009 from the Office of the Director of Higher Education Assam. In the said provisional list, the names of the petitioners along with the remarks are as follows:
Names of Petitioner
Sl. No. Remarks
1.
Shah Jalal Bhuyan 301 No. Govt. Concurrence
2.
Joynal Abedin Sheikh 304 - Do -
3.
Mrs. Dulumani Das 87 - Do -
4.
A Hussain Talukdar 299 - Do -
5.
Simanta Hazarika 106 - Do -
6.
Ridip Bhuyan 166 - Do -
7.
Nava Kumari Devi 206 No Govt. Concurrence as well as No Governing Body Resolution
Mrs. Jyotshna Devi 259 - Do -
But when the final list of Teachers/ Lecturers for the purpose of regularization was issued, the names of the petitioners were excluded. With the aforesaid grievance, this writ petition has been preferred for a direction to the respondent authorities to incorporate the names of the petitioners in the list of Teachers/ Lecturers prepared for the purpose of regularization.
As can be noticed from the said list, and also from the manner in which the petitioners were appointed, the posts against which the petitioners were appointed although were non-sanctioned, but at the same time, the concurrence of the Govt. of Assam for such posts/subjects were also not accorded earlier. In the circumstances, a further prayer has also been made in the writ petition that the respondent authorities be directed to accord concurrence to the subjects/posts which are held by the petitioners.
Mr. K Gogoi, learned Standing counsel for the Higher Education Department by relying upon the materials available on record takes a stand that the names of the petitioners were excluded from the list of regularization, inasmuch as, the subjects/posts against which the petitioners were appointed did not have the concurrence of the State Government. A further reference has been made that the Office Memorandum dated 17.07.2004 provides for a scheme/policy for regularization clearly providing that such regularization is to be effected in respect of those Teachers/ Lecturers working against the posts/subjects where the Government have accorded concurrence. Accordingly, the learned Standing counsel seeks to justify that the exclusion of the petitioners on the premises that for the posts/subjects against which they were working did not have the concurrence of the Govt. of Assam.
However, Mr. UK Nair, learned Senior counsel for the petitioners draws the attention of this Court to the communication dated 28.01.2010 from the Director of Higher Education, Assam which indicates that the Director of Higher Education has requested the Additional Chief Secretary to the Govt. of Assam, Higher Education Department for his consideration and necessary action for according Government concurrence to the concerned subjects/posts.
It is stated by the learned Standing counsel for the Higher Education Department that no further order is available on record pursuant to the aforesaid communication of the Director Higher Education Department dated 28.01.2010. In the aforesaid circumstances and also as agreed to by the learned counsel for the parties, this Court is of the view that ends of justice would be met if the Additional Chief Secretary to the Govt. of Assam, Higher Education Department gives his consideration as required by the communication dated 28.01.2010 in respect of West Goalpara College and also the similar communications in respect of Bhawanipur Anchalik College, Bhawanipur Biswanath College, Sonitpur and LOKD College, Dhekiajuli, Sonitpur and passes an order thereon. In doing so, the Additional Chief Secretary may refer and rely upon any available material on record and arrive at a conclusion as required by the communication dated 28.01.2010, and the other similar communications.
The aforesaid exercise be carried out within a period of 3(three) months from the date of receipt of a certified copy of this order. In the event, the order to be passed by the Additional Chief Secretary to the Govt. of Assam in the Higher Education Department goes in favour of the petitioners, consequential actions may be taken and in any view of the matter, the order to be passed shall state its reason for the decision that the Additional Chief Secretary may arrive at.
At this stage, Mr. K Gogoi, states that although in the year 2010, the appropriate Official was the Additional Chief Secretary to the Govt. of Assam in the Higher Education Department, but at present the said Office is being held by the Principal Secretary to the Govt. of Assam, in the Higher Education Department. Accordingly, the aforesaid direction and also the requirement of the communication dated 28.01.2010 and other similar communication in respect of Bhawanipur Anchalik College, Bhawanipur Biswanath College, Sonitpur and LOKD College, Dhekiajuli, Sonitpur be carried out by the Principal Secretary to the Govt. of Assam, in the Higher Education Department within a period of 3(three) months from the date of receipt of a certified copy of this order.
In terms of the above, this writ petition stands disposed of.
In view of this order passed, the connected interlocutory application also stands closed.