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2022 DIGILAW 484 (GAU)

Lakheswar Kakati S/O Joydev Kakati v. State of Assam Rep. by the Commissioner And Secretary

2022-05-11

ACHINTYA MALLA BUJOR BARUA

body2022
JUDGMENT : Heard Ms. D Borgoain, learned counsel for the petitioners, Mr. SMT Chisti, learned counsel for the respondents No. 1, 3 and 4 being the authorities in the Secondary Education Department of the Government of Assam, Mr. SR Barua, learned counsel for the respondent No. 8 being the Deputy Commissioner, Nagaon and Mr. A Chaliha, learned counsel for the respondents No. 5, 6 and 7 being the authorities in the SSA, Assam. 2. By the order dated 08.11.2021 in WP(C) No. 5859/2021, in paragraphs 3 and 4 thereof, it was provided as extracted:- “3. Ms. D Borgohain, learned counsel for the petitioners upon instruction from the petitioners informs the Court that there is an issue as regards the name of the petitioners as it appears in the DISE Code pertaining to the National Junior College and there is a discrepancy therein. It is stated that perhaps for such reason, the further process for provincialisation has not been processed to its logical end. As there is a recommendation by the District Scrutiny Committee as well as State Scrutiny Committee and there is an issue as regards the discrepancies in the names of the petitioners in the DISE Code, we direct the Principal Secretary to the Government of Assam in the Secondary Education Department to call for the original records of the particulars of the teaching and non-teaching staff of the National Junior College, Nagaon and to verify from the original records as to the correct names of the teaching and non-teaching staff of the school. 4. If the name provided in the recommendation of the District Scrutiny Committee and the State Scrutiny Committee are in conformity with the names of the employees in the original records of the school, necessary corrections may be incorporated in the data recorded in the DISE Code of the National Junior College and the process for provincialisation be brought to its logical end. If on the other hand, the names of the teaching and non-teaching staff of the National Junior College are in conformity with the names of the teaching and non teaching staff incorporated in the DISE Code, the Principal Secretary may pass an appropriate order.” 3. If on the other hand, the names of the teaching and non-teaching staff of the National Junior College are in conformity with the names of the teaching and non teaching staff incorporated in the DISE Code, the Principal Secretary may pass an appropriate order.” 3. A reading of paragraphs 3 and 4 of the order makes it discernible that there was a requirement on the part of the respondent authorities in the Secondary Education Department to call for the original records of the particulars of the teaching and non-teaching staffs of National Junior College, Nagaon and verify from the original records as to the correct names of the teaching and non-teaching staffs. If the names provided in the recommendation of the District Scrutiny Committee and the State Scrutiny Committee are in conformity with the names of the employees in the original records of the school, necessary corrections to be incorporated in the Data recorded in the DISE Code of the National Junior College, Nagaon and thereupon bring the process of provincialisation to its logical end. 4. In response thereof, the order impugned dated 22.03.2022 has been passed by the Special Commissioner to the Secondary Education Department. In the order impugned, the order passed by the Court on 08.11.2021 in WP(C) No. 5859/2021 was taken note of. But instead of calling for the original records and comparing the names contained therein with the names of the teaching and non-teaching staffs in the recommendation by the District Scrutiny Committee and the State Scrutiny Committee, the Special Commissioner had ventured into analysing the materials available in the data base of the UDISE Code of the school. 5. We are afraid that the procedure adopted by the Special Commissioner is not a compliance of the requirement of the order dated 08.11.2021 in WP(C) No. 5859/2021. Accordingly, the order dated 22.03.2022 stands set aside and the matter is remanded back to the Secretary to the Government of Assam in the Secondary Education Department to do the needful as provided in paragraphs 3 and 4 of the order dated 08.11.2021 in WP(C) No. 5859/2021. 6. The requirement be done by the Secretary within a period of one month from the date of receipt of a certified copy of this order. The writ petition is allowed to the extent indicated above.