NIREN SAINARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) In Writ Petition (C)No. 6262 of 2001, the petitioner No. 1 is the ex-Chairman and the petitioner No. 2 is the Chairman in position of the Sub-Divisional Elementary Education Advisory Board for Bodo Autonomous Council area in Nalbari District constituted under the provisions of the Bodoland Autonomous Council Act, 1993, hereinafter referred to as the Act of 1993. They have approached this Court challenging the orders dated 17.7.2001 issued by the Deputy Inspector of Schools, Nalbari (Annexure-J) and 21.7.2001 issued by the District Elementary Education Officer, Nalbari (Annexure-K). The impugned orders, for better appreciation thereof, are reproduced below:- "Order No. Dated Nalbari, the 17th July/2001 In pursuance of Govt. instruction communicated vide No. A(I)E.508/2001/85, Dtd. 4.7.2001 and DEE's instruction communicated vide Memo No. EGA. 12/2001/159, dtd. 16.7.2001, all appointments of Asstt. Teacher in L.P. and junior basic schools made by Shri Girin Haloi, I/C Dy. Inspector of Schools, Nalbari in the month of March/2001 are hereby cancelled with immediate effect. The B.E.E.O's and Head Teachers of the L.P. School of the district are hereby requested to release all the appointees forthwith and not to allow them to attend duties henceforth. If any B.E.E.O. and the head teacher of the school allow such appointees to attend duties after the receipt the order of cancellation, he/she will be personally responsible for payment of salary to the teachers. Sd/- (G.C. Deka) I/C Dy. Inspector of Schools, Nalbari." "Order In pursuance of Govt. Order No. A(I)E. 508/2001/85, dtd. 4th July/2001, DEE's Order No. DE/Misc/...799/14357, dtd. Kahilipara, the 30th May/2001 and DEE's order Memo No,. ECA. 12/2001 /160 dtd. Kahilipara the 19th July' 2001, all appointments of Asstt. Teacher in M.E./M.V./M.E. Madrassa/Sr. Basic Schools made by I/C D.E.E.O., Amulya Chudhun, w.e.f. 1.3.2001 are hereby cancelled with, immediate effect. All controlling officers of the District, viz. the D.I. of Schools, the B.E.E.O, Headmasters of the schools are hereby requested to release the appointees forthwith and not to allow them to attend duties henceforth. If any controlling officer allows such appointees to attend duties after receipt of this order of cancellation, he/she will be personally responsible for the payment oil salaries to these teachers. Sd/- (H.H. Sarma) District Elementary Education Officer., Nalbari."

(2.) Consequent upon above orders, the: services of the teachers who were appointed by Shri Girin. Haloi, Incharge, Deputy Inspector of Schools and Shri Amulya Chudhury, Incharge District Elementary Education Officer made in the month of March, 2001 and thereafter were cancelled. The aggrieved teachers filed the other connected writ petitions challenging the terminations of their services. Therefore, it is considered not necessary to advert to the contentions of other writ petitions in detail. However, arguments have been advanced in respect of some petitioners on the ground that they were appointed on compassionate ground as per the Government policy and they stand on a different footing.

(3.) Mr G. Uzir, learned counsel submitted that it is beyond the competence of the State Government to terminate the services of the teachers in view of the provisions of Section 24 of the Act of 1993. According to Shri Uzir, education upto the level of Higher Secondary became the subject of the Bodo Autonomous Council to the exclusion of the State Government, and on and from 1993 selection and appointment to the post of assistant teachers in the aforementioned schools situated in the B.A.C. area are within the exclusive jurisdiction of the Bodo Autonomous Council. The Bodo Autonomous Council in exercise of the powers under the Act of 1.993 constituted the Sub-Divisional Level Education Advisory Board. The Board after selection referred the names of the candidates to the Interim General Council for approval and, on receipt thereof, the concerned appointing authorities issued the appointment letters. Shri Uzir further argued that the ban on appointment issued by the State Government was not in force in the B.A.C. area and, that apart, the State Government have no powers to cancel the appointments made by the authorities in compliance with the approval given by the Interim General Council against posts specifically allotted to Bodolanid Autonomous Council. Shri A.K. Phookan, learned Advocate General, Assam defending the impugned orders submitted that the appointments in controversy require scrutiny from two angles, namely, whether the selection and appointments have been made under the administrative control of the Bodo Autonomous Councel and as to whether the selection process iis fair, According to Shri Phookan, learned Advocate General, reinstatement of all the dismissed teachers enblock without verifying the selection process will not be in aid of justice.