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2015 DIGILAW 1504 (GAU)

Yadubansh Singh v. State of Assam

2015-12-09

MICHAEL ZOTHANKHUMA

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ORDER : 1. Heard Mr. A. Dasgupta, learned Senior Counsel for the petitioner. Also heard Mr. B.K. Gogoi, learned Standing Counsel, Secondary Education Department, appearing for all the respondents. 2. Mr. A. Dasgupta, learned Senior Counsel for the petitioner submits that the petitioner on being appointed as Assistant Teacher, Hindi in Hindi Vidyalaya High School, Makum Junction on 30.03.1984 and continued to serve in the said post till he was dropped as a teacher before provincialisation of the school. He also submits that the school was provincialised on 01.08.1995 along with other teachers, excluding the petitioner. 3. The petitioner’s counsel also submits that the petitioner had passed Shahittya Ratna from Hindi Sahittya Sanmillan, Allahabad (Hindi University) in the year, 1989 and as per letter dated 20.03.1979, issued by the Deputy Secretary to the Government of Assam, Education (A) Department and addressed to the Director of Secondary Education, Assam, it was stated that the Governor of Assam had been pleased to grant permanent recognization to the Hindi Sahittya Sanmillan, Prayag as being equivalent to a degree examination. The petitioner’s counsel submits that prior to provincialisation of the school, the Headmaster of the school had submitted detailed particulars of the employees of the school to the respondent authorities, which included the petitioner. The petitioner was however, dropped from the provincialisation process and being aggrieved, the petitioner had preferred W.P. (C) No. 3334 of 1999. 4. W.P. (C) No. 3334 of 1999 was dismissed by order dated 24.07.2002 and by the said order directed the petitioner to file individual representation to the Director of Secondary Education, Assam, who was to make a detailed enquiry, to find out whether the petitioner came under the category of dropped teachers. In pursuance to the order dated 24.07.2002, passed in W.P. (C) No. 3334 of 1999, the Director of Secondary Education, Assam issued order dated 14.12.2005 stating that the petitioner was an undergraduate and hence not qualified for the post of Assistant Teacher. 5. The petitioner being aggrieved by the order dated 14.12.2005, had initially submitted Contempt Case (P) No. 646 of 2005 before this Court. The same was closed vide order dated 19.05.2006 with the observation that the petitioner, if aggrieved, may take recourse to legal action. Hence this petition praying for setting aside the order dated 14.12.2005, passed by the Director of Secondary Education, Assam. 6. The same was closed vide order dated 19.05.2006 with the observation that the petitioner, if aggrieved, may take recourse to legal action. Hence this petition praying for setting aside the order dated 14.12.2005, passed by the Director of Secondary Education, Assam. 6. The learned Senior Counsel for the petitioner relying upon the letter dated 20.03.2979, issued by the Deputy Secretary to the Government of Assam, Education (A) Department states that the Shahittya Ratna, which he had passed from Hindi Sahittya Sanmillan, Allahabad (Prayag) is equivalent to degree examination and as such, the reason given by the impugned order categorizing him as an under graduate and unqualified is wrong. 7. Mr. B.K. Gogoi, learned Standing Counsel, Secondary Education submits that if the petitioner’s degree i.e. Shahittya Ratna, which he had received from Hindi Sahittya Sanmillan, Allahabad (Prayag) is equivalent to a degree examination as reflected in the letter dated 20.03.1979, issued by the Deputy Secretary to the Government of Assam, Education (A) Department (Annexure – 10 of the writ petition), the respondents have no comments to make in the matter. 8. On hearing the learned counsel for both the parties, I find that there is no dispute to the petitioner’s contention that the Sahitta Ratna, which the petitioner has passed from Hindi Sahittya Sanmillan, Allahabad (Prayag) is equivalent to a degree examination. The letter dated 20.03.1979, issued by the Deputy Secretary to the Government of Assam, Education (A) Department is reproduced below: “I am directed to say that the Governor of Assam is pleased to grant permanent recognition to the following examinations conducted by various voluntary Hindi organizations as equivalent to degree Examination and allow the teachers having such degree in Hindi to draw the graduate scale of pay with effect from 1.1.73. 1. Assam Rastrabhasha Prachar Samity Praveen 2. Rastrabhasha Prachar Samity, Wardha Rastrabhasha Patna 3. Hindi Sahitya Sanmelan, Prayag Madhyama Visarad 4. Hindi Sahitya Sanmelan, Prayag Sahitya Ratna (Hons. In Hindi) 5. Hindi Vidyapith Deoghar Sahityalankar 6. Bombay Hindi Vidyapith Sahitya Sudhakar You are therefore, requested to submit a proposal with financial implication involved with a statement of such teachers as per proforma given below.” 9. On perusal of the above letter dated 20.03.1979, I find that the petitioner’s educational qualification is equivalent to a graduate degree in Hindi. 10. Hindi Vidyapith Deoghar Sahityalankar 6. Bombay Hindi Vidyapith Sahitya Sudhakar You are therefore, requested to submit a proposal with financial implication involved with a statement of such teachers as per proforma given below.” 9. On perusal of the above letter dated 20.03.1979, I find that the petitioner’s educational qualification is equivalent to a graduate degree in Hindi. 10. In view of the above, the impugned order dated 14.12.2005, issued by the Director of Secondary Education, Assam is set aside to the extent that it records the petitioner as being a under graduate and unqualified. 11. In view of the above, I direct the Director of Secondary Education, Assam to consider provincialising the service of the petitioner as Assistant Teacher in Hindi in any High Schools if the petitioner was serving as an Assistant Teacher in Hindi prior to being a dropped teacher. The said exercise shall be completed within a period of 2 (two) months from the date of receipt of the certified copy of this order. 12. The writ petition is accordingly disposed off.