BADSHAH PAIR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. Sikdar, learned Counsel for the petitioner and Mr. Das, learned Standing Counsel, Education Department. Also heard Mr. D. K. Sharma, learned Counsel for the respondent No. 4.

(2.) AGGRIEVED by the decision of the High Power Committee constituted in terms of the judgment and order dated 1. 9. 2003 passed by this Court in a batch of writ petitions, the lead case being Civil Rule No. 1571/1998, Jiban Chandra Deka and Ors. Vs. State of Assam and Ors. , reported in 2008 (3) GLT 229 to consider the cases of eligible dropped teachers for regularisation of their services, negating his claim, the petitioner is before this Court for redress. Briefly put the petitioners pleaded version is that he, by the resolution of the Managing Committee of the Ismail Hussain High School (herafter referred to as the School) dated 30. 12. 1989 was appointed as an Arabic Teacher. Pursuant thereto, he joined the service on 9. 1. 1990. By order dated 14. 8. 1992 of the Inspector of Schools, K. D. C. Guwahati, the said school was provincialised w. e. f. 19. 11. 1991 and in the list of the employees (teachers as well as non-teaching staff), his name was not included therein. According to the petitioner thereafter in compliance or a request of the Inspector of Schools, K. D. C. Guwahati, the Headmaster of the School submitted detailed particulars showing the vacancy position in the institution recommending regularization of the petitioner's services against the vacancy in the post of Arabic Teacher following the retirement of its earlier incumbent Abdul Mozid. Awaiting the final decision, the petitioner however, continued to render his services as before. It was thereafter that his Court delivered the above judgment and order dated 1. 9. 2003. The petitioner accordingly approached this Court with WP (C) 6083/04 which was disposed of on 31. 8. 2004 in the same lines. As inspite thereof, the High Power Committe rejected his claim the petitioner is before this Court.

(3.) THE Director of Secondary Education in his counter while admitting that the School was established on 1. 1. 1978, recognized by the Secondary Education Board of Assam on 14. 8. 1992 and finally provincialised w. e. f. 19. 11. 1991 has pleaded that the petitioner had been appointed against the second post of Arabic Teacher in the School. He clarified that in the order of Provincialisation only one post of Arabic Teacher had been approved. According to the answering respondent, in terms of the criteria adopted by the Government for considering the cases of dropped teacher, the petitioner's case did not come within the zone of consideration. However, in terms of the order dated 31. 8. 2004 passed in WP (C) 6083/04 his case was forwarded to the High Power Committee. The respondent No. 4 while disclosing that the proceeding book of the Managing Committee containing inter alia the resoultion appointing the petitioner is misplaced and that the detailed particulars of the teaching and non-teaching staff in the School had not been handed over to him expressed his opinion that the petitioner was to be a genuine dropped teacher deserving to be regularized. According to him, the petitioners appointment was approved by the Inspector of Schools, K. D. C. , Guwahati on 5. 11. 1992 for which his name might not have appeared in the detailed particulars forwarded to the High Power Committee for consideration.