KARIMGANJ DISTRICT ANUSUCHIT JATI PARISAHD v. STATE OF ASSAM
2022-05-10
ACHINTYA MALLA BUJOR BARUA
body2022
DigiLaw.ai
JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned counsel for the respondents in the Elementary Education Department of Government of Assam. 2. The petitioner herein is the Karimganj District Anushuchit Jati Parishad and for the purpose of this writ petition are represented by 11 (eleven) of their members. 3. The grievance raised is that in the year 1992 a scheme was adopted by the WPT & BC Department to provide for an amount of Rs.10,34,000/- (Rupees Ten Lakh Thirty Four Thousand) to be distributed for payment of stipend to 94 numbers of stipendiary teachers who belongs to the Scheduled Caste (SC) category. There was an earlier writ petition being Civil Rule 1221/1993 wherein an order dated 13.11.1996 was passed that the said amount be not distributed for any other purposes other than the purpose for the development of the teachers/stipendiary teachers belonging to the SC and ST category. 4. In the circumstances, the grievance of the petitioner is that although the said amount was distributed amongst 94 (ninety four) teachers/stipendiary teachers but out of 94 (ninety four) only 10 (ten) belongs to the SC category whereas 84 (eighty four) did not belong to the SC category. 5. Prima facie, we are of the view that if the amount of Rs.10,34,000/- was specifically earmarked for providing stipend to 94 numbers of stipendiary teachers who belongs to the SC category, the said amount could have been distributed only for the purpose of paying stipend to the stipendiary teachers belonging to the SC category. If the amount was earmarked for distributing amongst teachers/stipendiary teachers or not other persons not belonging to the SC category, the disbursement made to persons belonging to other categories would be a violation of the conditions for which the aforesaid amount was provided for. 6. We had adjourned the matter on repeated occasions to enable the petitioners to provide the information as to who amongst the 94 persons who were the beneficiaries of the aforesaid amount do not belong to the SC category. Inspite of such opportunities being given, the petitioner association could not provide the said information to the Court. 7.
6. We had adjourned the matter on repeated occasions to enable the petitioners to provide the information as to who amongst the 94 persons who were the beneficiaries of the aforesaid amount do not belong to the SC category. Inspite of such opportunities being given, the petitioner association could not provide the said information to the Court. 7. In the circumstance, we have no other option but to close this writ petition requiring the respondents in the WPT & BC Department to provide the petitioner association with a list of persons who were the beneficiaries of the amount of Rs.10,34,000/- which was earmarked for the persons belonging to the SC category. Once the list is made available, the petitioner may examine it for themselves and if they find that any such person do not belong to the SC/ST category were also the beneficiaries, appropriate representation be made to the WPT & BC Department to the Government of Assam for paying the proportionate amount to any stipendiary teachers belonging to the SC category of the Karimganj district who otherwise would have been the beneficiaries of the said amount. 8. In doing so, the respondents, if so advised, may also initiate appropriate proceeding to recover the amount from any such persons to whom it was wrongly provided, if otherwise, the same would be permissible in law. 9. Writ petition stands closed by providing as indicated above.