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2016 DIGILAW 37 (GAU)

MUMTAJ BEGUM v. STATE OF ASSAM AND 4

2016-01-21

A.K.GOSWAMI

body2016
JUDGMENT : Heard Mr. K. Bhuiyan, learned counsel for the petitioner. Also heard Mr. U.K. Goswami, learned Standing Counsel, Secondary Education, appearing for Respondent Nos.1,2 and 4; Ms. K.M. Talukdar, learned State Counsel appearing for Respondent No.3 and Mr. A.S. Ahmed, learned counsel appearing for Respondent No.5. 2. The petitioner states that she was appointed on 30.03.1992 as Arabic Teacher in the Sukmanah Pallarpar Girl’s High Madrassa. By an order dated 22.09.2014, the services of the teachers and staff of the school in question, as mentioned therein, had been provincialised with effect from 01.01.2013. Services of one Abdul Kuddus Dewan, an Arabic Teacher was also provincialised. Admittedly, Abdul Kuddus Dewan is senior to the petitioner. The petitioner is serving as a second Arabic Teacher. 3. The petitioner had approached this Court in WP(C) No.1239/2013 contending that the name of the petitioner was not erroneously forwarded while forwarding the staff pattern for provincialisation under Section 10 of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (for short, “the Act of 2011”) and realizing the mistake, the Superintendent of the Madrassa had made a communication dated 28.02.2013 requesting for enlisting his name in the staff list. 4. The aforesaid writ petition was disposed of by this Court by an order dated 14.03.2013 giving liberty to the petitioner to submit a representation before the District Scrutiny Committee with a direction that such Committee would consider the case of the petitioner on merit as per applicable norms. 5. The petitioner, accordingly, submitted a representation and on consideration, the District Scrutiny Committee in its meeting held on 30.03.2013, recommended the name of the petitioner for provincialisation of her services as the second Arabic Teacher. The recommendation was forwarded by the Inspector of Schools, Barpeta District Circle on 05.04.2013 to the Director of Secondary Education, Assam (Annexure-13). 6. The grievance articulated is that, till date, the Director of Secondary Education has not taken any action on the said recommendation. 7. Mr. Bhuiyan, learned counsel for the petitioner has submitted that a teacher of Arabic or Sanskrit comes within the ambit of Classical Teacher as mentioned in the Schedule of the Act of 2011. 6. The grievance articulated is that, till date, the Director of Secondary Education has not taken any action on the said recommendation. 7. Mr. Bhuiyan, learned counsel for the petitioner has submitted that a teacher of Arabic or Sanskrit comes within the ambit of Classical Teacher as mentioned in the Schedule of the Act of 2011. He submits that the Madrassa of the petitioner is an Assamese Medium school having two classes and though the Schedule of the Act of 2011, as enacted, had provided for provincialisation of only one Classical Teacher, in view of a notification dated 12.12.2012, which was issued in exercise of powers conferred under Section 14 of the Act of 2011, providing that there shall be two Classical Teachers in 2(two) Classes and 5(five) Classes Assamese Medium High Schools/High Madrassas under Section 4(2) and 10(4) read with Schedule of the Act of 2011, the petitioner is entitled to have her services provincialised against the second post of Classical Teacher. 8. Mr. Ahmed, learned counsel appearing for Respondent No.5 has supported the stand of the petitioner. 9. Mr. U.K. Goswami, learned Standing Counsel, Secondary Education does not dispute that in view of the aforesaid notification dated 12.12.2012, the services of 2(two) Classical Teachers can be provincialised in the 2 Classes and 5 Classes Assamese Medium High School/High Madrassa. 10. I have considered the submissions of the learned counsel for the parties and have perused the materials on record. 11. The notification dated 12.12.2012 reads as follows:- “GOVERNMENT OF ASSAM EDUCATION (SECONDARY) DEPARTMENT, DISPUR NOTIFICATION Dated Dispur the 12th December, 2012 No SE 565/2012/218 : Whereas representations from various Teachers’ Associations and individuals in respect of Assamese medium High Schools/High Madrassas have been received that there is no separate Assamese Language subject in those Assamese medium High Schools/High Madrassas, and hereunder section 4(2) and 10(4) read with Schedule of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 allotment of two Teachers (one for Classical, one for Language) in those Schools has created anomally and thus it has become difficult to give effect to the aforesaid provisions of the said act; And whereas Government is satisfied that the circumstances exist which render it necessary for it to remove the said difficulties arising in giving effect to the provisions of the Act. Now, therefore, in exercise of powers conferred by section 14 of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (Assam Act No. XVII of 2011) the Governor of Assam is hereby pleased to order that there shall be 2(two) Classical Teacher in 2 Classes and 5 Classes Assamese medium High Schools/High Madrassas under section 4(2) and 10(4) read with Schedule of the said Act: Provided that such allotment of Classical Teachers in 2 Classes and 5 Classes Assamese medium High Schools/High Madrassas shall not in any way affect the existing staffing pattern and allotment of Classical and Language Teachers in High Schools and High Madrassas other than Assamese medium High Schools/High Madrassas. Sd/- N.M. Hussain, IAS Secretary to the Government of Assam Education (Secondary) Department” 12. The District Scrutiny Committee had recorded as follows: “Minutes of the meeting of District Level Committee (for venture High School/High Madrassa) held on 30.03.2013 at the Conference Hall of SSA., Barpeta. The District Scrutiny Committee perused the order dtd. 14.03.2013 passed by the Hon’ble High Court in WP(C) No.1239/2013 (filed by Mrs. Mumtaj Begum) The DSC also perused the Govt. Notification No.ASE-565/2012/218 dtd. 12-12-2012. As per the Govt. Notification, there shall be 2(two) classical Teacher in 2 classes and 5 classes Assamese medium High School/High Madrassa under section 4(2) and 10(4) of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011. The DSC scrutinized the particulars of the petitioner Miss Mumtaj Begum, Arabic Teacher (2nd) of S.P. Girls High Madrassa and seen that Miss Begum has been working as Arabic Teacher (2nd) at the High Madrassa since 01-04-1992. The DSC decides to recommend the name of petitioner for provincialisation of services by the Govt.” 13. Admittedly, only one post of Classical Teacher had been provincialised and there is a recommendation made by the District Scrutiny Committee in favour of the petitioner. 14. There being no dispute that the Madrassa of the petitioner is a 2 Classes Assamese Medium High Madrassa, in view of the notification dated 12.12.2012, services of 2(two) Classical Teachers need to be provincialised in Sukmanah Pallarpar Girl’s High Madrassa. 15. In view of the above, the Director of Secondary Education, Assam is directed to pass appropriate order with regard to the recommendation made by the District Scrutiny Committee in the light of the observations made in this order. 15. In view of the above, the Director of Secondary Education, Assam is directed to pass appropriate order with regard to the recommendation made by the District Scrutiny Committee in the light of the observations made in this order. The Respondent No.1 will also take follow-up action and the entire exercise shall be completed within a period of 2(two) months from the date of receipt of certified copy of this order by the Director of Secondary Education, Assam. 16. The writ petition stands disposed of. No cost.