TAJUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Date 05-11-2019 Heard Mr. J. C. Borah, learned counsel appearing for the petitioner. Also heard Mr. S. P. Bhattacharya, learned Standing counsel, Elementary Education Department as well as Mr. K. Gogoi, learned State counsel, appearing for the respondents.

(2.) In this writ petition, the petitioner has challenged the order 17.06.2014, passed by the District Elementary Education Officer cum Member Secretary, District Scrutiny Committee, Nagaon, Assam, in which considering the claims relating to appointment of certain employees of the Tamulitup M.E. Madrassa, Nagaon, had observed that the School Managing Committee was required to obtain prior approval from the authority for any appointment and termination of teachers and chowkidar in the said school after recognition, i.e. 01.01.2005.

(3.) It has been submitted by the learned counsel for the petitioner that there is no provision under the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (for short, the Act), governing the venture schools, though recognized by the State, requiring obtaining of approval of the State Government at the time of appointment of employees or at the time of termination of such employees. It is submitted by him that since the school, in question, is a venture school and has not been provincialised, the State Government has no such authority to grant approval to the appointment or termination of its employees made by the venture school authorities.