STATE OF ASSAM Vs. NIRMALI BORA

JUDGEMENT

(1.) THE State of Assam through its Commissioner and Secretary, Department of Education has preferred the instant writ appeal assailing the common Judgment and Order dated 8. 4. 2002 passed by the learned Single Judge in a batch of writ petitions, being preferred by the writ petitioners/respondents herein (hereinafter referred to as 'the respondents') who being appointed under the scheme of "operation Blackboard" (for short "ob") as Assistant Teachers in various M. E. /m. V. / M. E. M Schools in the State of Assam seeking for regularization of their respective services against the regularity sanctioned post thereof with a further prayer made therein to direct the State respondents to refrain from terminating their services at the end of month of March, 2002 ,pending regularization of their services, whereby the writ petitions were disposed of with a direction to the Government of Assam and other State respondents to regularize the services of the respondents appointed as Assistant Teachers against those posts created under OB Scheme by adjustment/absorbing them in regularized sanctioned post of Assistant Teachers of L. P. /m. E. Schools in a phrased manner and not to terminate their services pending such regularizations and allowing them to continue their services from 31. 3. 2002 by sanctioning those temporary posts created under the OB Scheme till the completion of process of such regularization with further direction to pay the monthly salary to the respondents along with the arrears for the period they have been found actually rendering services as teachers in their respective schools within 3 months from the date of passing the order.

(2.) IN India which lives in villages and where illiteracy and poverty dominate the civil society, everyone has a reason to rejoice and celebrate when Right to Education has been grafted as a fundamental right in the Part-III of the Constitution of India by the Constitution (86th Amendment) Act, 2002. It is universal that Education is the backbone of a true democracy. It plays the paramount role in shapping up a well defined democratic policy governed by the Rule of Law. The nation, therefore, depends increasingly on educational institutions for knowledge, prosperity, health and policy thinking. Schools, Colleges and Universities are engines of development of people, institutions and democracy in general. It is equally pivotal the role and contribution of teachers, the most responsible cluster of the society who have, relentlessly, continuously, consistently been dedicating their yeoman's services to the nation building in nursing, shaping and moulding children from their elementary level to make them good citizens in future.

(3.) WITH this basic background, the fundamental issue raised herein is as to whether the teachers appointed in the elementary schools under OB Scheme for a very short tenure are entitled to get their services regularized.