GAUTAM BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition filed by seven petitioners is about regularisation of their services against the posts of Assistant Teachers of L.P. Schools of Assam. The petitioners belong to Nalbari District of Assam.

(2.) The case of the petitioners is that an advertisement was issued on 28-12-1996 inviting applications from interested candidates for filling up the posts of Assistant Teachers for L.P. Schools under the Department of Elementary Education, Assam: they duly applied for the posts. In terms of the letter dated 8-3-2001 of the State Government, a total number of 7066 posts was said to have been created, out of which 436 posts were allotted for L.P. Schools while 2690 posts were earmarked for M.E. Schools. The petitioners claim that 350 posts were thus allotted for regularization of the service of 350 L.P. School Teachers and that they were interviewed by a duly constituted Interview Board whereafter they were merit-wise placed in Serial No. 1 to 7 of the list. They were thereafter appointed as Assistant Teachers by the concerned Deputy Inspector of Schools for different L.P. Schools under his jurisdiction in a fixed pay of Rs. 1,800/- per month against the validly created posts and were allotted to these schools by the Government. It is said that all the appointments were initially made on 16-3-2001 on temporary basis but their services were utilized by the respondent authorities from time to time without any break. The concerned Deputy Inspector of Schools had submitted on 16-7-2003 a report to the respondent No. 2 categorically stating therein that 280 selected candidates had been appointed against 280 one year sanctioned posts as per the select list submitted by the Advisory Board and that the list of 15 teachers for Barkhetri Constituency consisted of the names of the petitioners. However, due to the allegations of anomalies in the appointment of OBB teachers, the Governor of Assam constituted a Committee to make inquiry for identifying those genuine teachers who were appointed in March, 2001 under the O.B.B. Scheme against 280 posts of L.P. Schools of Nalbari District vide the order dated 11-3-2010 issued by the Under Secretary, Education, Assam. Though the Committee was to submit the authenticated report to the Government within 31st May, 2010, but no positive action has been taken by the Government for regular appointment of the genuinely appointed O.B.B. Teachers. On the retirement of the then Chairman of the Committee, the Government re-constituted an Inquiry Committee vide the order dated 11-8-2010. During the proceeding of the earlier Committee held on 6-1-2010, according to the petitioners, the Committee found that in respect of Barkhetri Constituency, out of 67 teachers of the approved list, only 26 appointment letters were available as communicated by the then Chairman vide his letter dated 15-2-2010. As all the petitioners were duly selected, and their names were listed as duly appointed against one year O.B.B. sanctioned posts in terms of the Inquiry Report submitted by the D.I. of Schools to the respondent No. 2, they are entitled to regularization of their services. The petitioners further submit that in view of the order dated 12-12-2007 passed by this Court in WP(C) No. 8299/04, the respondent authorities have taken action for regularisation of the duly appointed O.B.B. Teachers, who were appointed in the year 2001. However, the petitioners are apprehending that their services may not be regularised as they were not parties to WP(C) No. 8299/04 even though they are similarly situated with the petitioners therein, who were also appointed in the year 2001 under the O.B.B. Scheme. The petitioners are now claiming similar direction in this writ petition. These are the sum and substance of the case of the petitioners.

(3.) The writ petition is opposed by the State respondents, who have filed their counter-affidavit through the respondent No. 1. It is the case of the answering respondent that the appointments of the petitioners were made in gross violation of the established procedure for making appointments and were in excess of the available vacancies. Due to large-scale illegal appointments, it is virtually impossible for the respondent authorities to identify the genuinely selected candidates. In fact, in Nalbari district alone, as against the available 266 vacancies for L.P. Schools, 4,510 appointments were made by the then District Elementary Education Officer of the district, who also appointed 419 candidates against the vacant posts of L.P. Schools. According to the answering respondent, as it was not physically possible to determine as to who is an illegal appointee or not in the Nalbari district, the Government issued the order dated 4- 7-2001 directing the respondent No. 2 to cancel all those illegal appointments. The respondent No. 2 accordingly issued the order dated 19-7-2001 directing the DEEO, Nalbari district to cancel all the appointments made by then incumbent, namely, Sri A.C. Choudhury, DEEO, Nalbari. This resulted in cancelling the appointments of all those teachers appointed under the 7066 OBB Scheme in the month of March, 2001 in the month of July, 2001. As they approached this Court for regularization of their services and payment of salaries after a delay of 9 years without satisfactory explanation, the writ petition is liable to be dismissed on the ground of laches.