WP(C) No. 2346/2008 & WP(C) No.7492/2006 Page 1 of 29

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

WP(C) NO. 2346 OF 2008

1 SRI BHARAT CHANDRA SARKAR S/O- SHRI KIRON CHANDRA SARKAR, RESIDENT OF VILLAGE- TENGAIGAON, P.O.- SIMILAGURI, DISTRICT- BONGAIGAON, ASSAM. 2 SHRI PRANAB SINGHA, S/O- LATE DISESWAR SINGHA, RESIDENT OF VILLAGE- ATUGAON, P.O.- MULAGAON, DIST.- BONGAIGAON, ASSAM. 3 SHRI DHANESWAR SINGHA, S/O- SRI MRIGENDRA SINGHA, RESIDENT OF VILL.- MULAGAON, P.O.- MULAGAON, DIST.- BONGAIGAON, ASSAM. 4 SMTI. MRIDULA RANI DAS, D/O- SRI GOPAL CHANDRA DAS, RESIDENT OF OLD COLONY, P.O.- BONGAIGAON, DIST.- BONGAIGAON, ASSAM. 5 MRS. PURALI BHAGABATI BARUAH, W/O- SRI BHAGIRATH BARUAH, RESIDENT OF VILLAGE- PATILADAHA, DIST.- BONGAIGAON, ASSAM. 6 SHRI ARUP KUMAR RAY, S/O- BINAY KUMAR RAY, RESIDENT OF VILLAGE- BARBILA, P.O.- MANIKPUR, DISTRICT- BONGAIGAON, ASSAM. 7 SHRI UTPAL NATH, S/O- SHRI SOBHA RAM NATH, RESIDENT OF VILLAGE- ABHAYAPURI WARD NO. 3, P.O.- ABHAYAPURI, DISTRICT- BONGAIGAON, ASSAM. 8 SHRI KANDARPA KUMAR RAY, S/O- RANJIT CHANDRA RAY, RESIDENT OF VILLAGE & P.O.- CHECHAPANI, DISTRICT- BONGAIGAON, ASSAM. 9 SHRI JADUMANI RAY, S/O- JHARU RAM RAY, RESIDENT OF VILLAGE- CHARAKALA, P.O.- GARUGAON, DIST.- BONGAIGAON, ASSAM. 10 SHRI DIPUL KUMAR RAY, S/O- LATE BIRENDRA CHANDRA RAY, RESIDENT OF ABHAYAPURI, WARD NO. 3, P.O.- ABHAYAPURI, DISTRICT BONGAIGAON, ASSAM. 11 SRI DHARMENDRA SINGHA, S/O- SHRI JAESWAR SINGHA, RESIDENT OF VILLAGE & P.O.- DEOHATI, DIST.- BONGAIGAON, ASSAM. 12 SHRI SANTOSH KUMAR DAIMARY, S/O- SRI MONO RAM BORA, RESIDENT OF VILLAGE- NALDOBA (KHAGARPUR), P.O.- KHAGARPUR, DISTRICT- BONGAIGAON, ASSAM. 13 SMTI. ANAMIKA PATGIRI NATH, D/O- MOGESWAR PATGIRI, RESIDENT OF VILLAGE- JHARABARI GHOSPARA, P.O.- MANIKPUR, DISTRICT- BONGAIGAON, ASSAM. …………..PETITIONERS. VERSUS

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1 THE STATE OF ASSAM (REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 6). 2 THE COMMISSIONER & SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 6. 3 THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT, DISPUR, GUWAHATI- 6. 4 THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM, KAHILIPARA, GUWAHATI- 19. 5 THE DISTRICT ELE. EDU. OFFICER, BONGAIGAON, P.O. & DIST.- BONGAIGAON, ASSAM. 6 THE DEPUTY INSPECTOR OF SCHOOLS, BONGAIGAON, P.O. & DIST.- BONGAIGAON, ASSAM. 7 THE DEPUTY INSPECTOR OF SCHOOLS, NORTH SALMARA, P.O.- ABHAYAPURI, DIST.- BONGAIGAON, ASSAM. 8 SHRI ABDUL BAREQUE, S/O SRI MAKSEDUR RAHMAN, ASSTT. TEACHER, KABAITARI M.E.MADRASSA, DISTRICT- BONGAIGAON, ASSAM. 9 SHRI ABDUL BARIK SHEIKH S/O- LATE JAFAR ALI SHEIKH, ASSTT. TEACHER, MAJER ALGA M.E.SCHOOL, DISTRICT- BONGAIGAON, ASSAM. 10 SHRI ABDUL KUDDUS, S/O- RIAZ UDDIN SHEIKH, ASSTT. TEACHER, RAJAPARA M.E. SCHOOL, DIST.- BONGAIGAON, ASSAM. 11 ABDUL KUDDUS ALI S/O IZZA ALI, ASSTT. TEACHER, MUNCHI MARFAT ALI MEMORIAL MEM, DISTRICT-BONGAIGAON, ASSAM 12 ABDUL MANNAN MANDAL S/O LATE MOFIZ MONDAL, ASSTT. TEACHER, RANGAPANI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 13 ABDUR RASID S/O SAHAR ALI, ASSTT. TEACHER, ENKORBARI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM 14 ABU BAKAR SIDDIQUE S/O LATE ABDUL MANAF, ASSTT. TEACHER, 1033 BIJNI TOWN L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM 15 AKTAR HUSSAIN S/OSAHIDURRAHMAN,ASSTTTEACHER,1139 DAKHIN AMTEKA L.P.SHCOOL, DISTRICT – BONGAIGAON, ASSAM 16 AKHTAR HUSSAIN S/O ABDUL KALAM, ASSTT. TEACHER OF SOUTH GOALPARA MEM, DISTRICT-BONGAIGAON, ASSAM 17 ALOKA SARKAR D/O LATE MITHI RAM SARKAR, ASSTT. TEACHER OF BHADRAGAON SIBJI L.P.SCHOOL, DISTIRCT-BONGAIGAON, ASSAM 18 AMAL CHANDRA DAS S/O LATE SHUKLAL DAS, ASSTT. TEACHER OF 143 BAGARIGURI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM 19 AMRUN NESSA D/O MD.AKRAMUL MOZID, ASSTT. TEACHER, 707 ELENGMARI L.P.SHCOOL, DISTRICT-BONGAIGAON, ASSAM.

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20 ANIMA DEVI D/O LATE SADANANDA BOISNAB, ASSTT. TEACHER OF BARSHANGAON M.V.SHOOL, DISTRICT-BONGAIGAON, ASSAM 21 ANIZUZ ZAMAN S/O SRI KISHMAT ALI AHMED , ASSTT. TEACHER OF 88 SILAMARI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 22 SMTI. ANJUMANARA KHATUN D/O NABDUL MANNAN, ASSTT. TEACHER OF 178 MOUKHOWA L.P. SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 23 ANUBRATA MALIK S/O RAMENDRA CH. MALIK, ASSTT. TEACHER HARMOHAN CHAKRABORTY GIRLS M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM 24 SMTI. ASATAN NESSA, W/O AMBAR ALI, ASSTT. TEACHER OF 251 BHETAGAON L.P. SCHOOL,

DISTRICT-BONGAIGAON, ASSAM. 25. SHRI ASHIT BARMAN MODAK, S/O CHITTA RANJAN MALLIK, ASSTT. TEACHER, 41 PUB DUWAR L.P. SCHOOL, DISTRICT – BONGAIGAON, ASSAM. 26. SMTI. ASIA KHATUN, D/O MOHAMMAD ALI SARKAR, ASSTT. TEACHER OF 884 BAGARIGURI L.P. SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 27 ASISH DAS S/O SIBENDRA BIJOY DAS, ASSTT. TEACHER, BONGAIGAON BIDYAPITH, DISTRICT-BONGAIGAON, ASSAM 28 SHRI BAHADUR ALI S/O LATE NILMOHAMMAD ALI, ASSTT. TEACHER OF 1139 DAKHIN AMTEKA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 29 BELAL HUSSAIN S/O LATE JALAL HUSSAIN, ASSTT. TEACHER, JOPEA MEM, DISTRICT-BONGAIGAON, ASSAM. 30 SMTI BHANUMATI BARMAN, D/O LATE RAMESH CH.BARMAN, ASSTT. TEACHER, BAJITPARA GIRLS M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 31 SMTI. BHARATI RANI BASAK D/O PRIYANATH BASAK, ASSTT. TEACHER, 847 GARUKABARI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM 32 BIBEKANANDA MAZUMDER S/O BALARAM MAZUMDER, ASSTT. TEACHER 56 CHAKIHALI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM 33 BIBHUTI KUMAR MANDAL S/O LATE CHAND MOHAN MANDAL, ASSTT. TEACHER, BALLAMGURI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 34 SMTI. BIJULI DAS D/O AKHIL DAS, ASSTT. TEACHER OF SONAIKOLA MEM, DISTRICT-BONGAIGAON, ASSAM. 35 BIMAL CHANDRA MANDAL S/O LATE NARAYAN CH. MANDAL, ASSTT. TEACHER OF 848 JAMDOHA L.P. SCHOOL, DISTRICT-BONGAIGAON, ASSAM 36 BIPLAB CHANDRA MANDAL S/O LATE AMULYA CH.MANDAL, ASSTT. TEACHER OF PANBARI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM

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37 SHRI BIPUL CHANDRA KALITA S/O LATE HARENDRA NR. DAS, ASSTT. TEACHER OF SONAIKOLA MEM, DISTRICT-BONGAIGAON, ASSAM. 38 BIRESH CHAKRAVARTY S/O LATE PRESCH CHAKRABORTY, ASSTT. TEACHER OF TILOKGAON JR. BASIC, DISTRICT-BONGAIGOAN, ASSAM. 39 BISWA RANJAN KALITA S/O SRI NIRANJAN KALITA, ASSTT. TEACHER, 2 NO.KAKRAGAON JR.BASIC, DISTRICT-BONGAIGAON, ASSAM 40 SHRI BOLORAM RAY S/O KALACHAND RAY, ASSTT. TEACHER OF NITYANANDA M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 41 SHRI CHANDRA MOHAN SARKAR S/O SRI CHAND MOHAN SARKAR, ASTT. TEACHER OF 352 KAHIBARI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 42 SMTI CHAYARANI DEVI D/O KAMINI KR.NATH, ASSTT. TEACHER, JELKAJHAR PARGIRIPARA L.P.SCHOOL,DISTRICT-BONGAIGAON, ASSAM. 43 SHRI DEBADUT NATH S/O SRI CHINTAHARAN NATH, ASST. TEACHER, VIVAKANANDA VIDYAPITH M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 44 SHRI DHIRU KALITA S/O SRI NIRANJAN KALITA, ASSTT. TEACHER ULUBARI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 45 SHRI DHRUBA KUMAR SAHA S/O SRI DHIRENDRA MOHAN SARKAR, ASSTT. TEACHER, UKLUBARI MES, DISTRICT-BONGAIGAON, ASSAM. 46 SHRI DILIP KUMAR SARKAR SHRI DHIRENDRA MOHAN SARKAR, ASSTT. TEACHER, LENGTISINGA M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 47 SMTI DIPTI KALITA D/O LATE JOGENDRA CH. KALITA, ASSTT. TEACHER, DAKHIN BIJNI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 48 SMTI DIPTI ROY CHOUDHURY D/O BHABANDA ROY, ASSTT. TEACHER, HURAMARA .V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 49 SHRI DULAL SARKAR S/O LATE GURUPADA SARKAR, ASSTT. TEACHER, GERUKABARI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 50 SMTI FATIMA KHATUN D/O LATE AFSAR ALI, ASSTT. TEACHER, BAPUJI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 51 SHRI GANESH CHANDRA SARKAR JAGADISH CH.SARKAR, ASSTT. TEACHER 129 LECHIAGAON L.P SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 52 GANESH CHANDRA SARKAR S/O PRAN GOBINDA SARKAR, ASSTT. TEACHER, KAKAIJANA M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 53 SHRI GAUTAM DAS S/O LATE NAGENDRA CH. DAS, ASSTT. TEACHER, ULUBARI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 54 SHRI GOLBAR HUSSAIN S/O KURBAN ALI, ASSTT. TEACHER, 88 SIALAMRI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM.

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55 HAFIZUR RAHMAN S/O MOHAMMAD ALI, ASSTT. TEACHER, 2 BATARI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 56 SMTI. HAMIDA KHATUN D/O INTEZ ALI, ASSTT. TEACHER, 497 PATKATA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 57 SMTI HAMIDA KHATUN D/O IBRAHIM ALI KHANDAKAR, ASSTT. TEACHER OF NO.99 BAGAR GAON L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 58 HARKUMAR BARMAN S/O SRI RANESWAR BARMAN, ASSTT. TEACHER, BAGULAMARI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 59 HAYET ALI S/O LATE AHAJ UDDIN, ASTT. TEACHER, KOILA MOILA M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 60 HAZRAT ALI S/O LATE ANSER ALI, ASSTT. TEACHER, 883 MAKHANAGURI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 61 JABED ALI S/O ABDUL AZIZ, ASSTT. TEACHER, KORKHABARI RATANPUR M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 62 SHRI JAGADISH CHANDRA ARJYA S/O DEBENDRA CH. ARJYA, ASSTT. TEACHER, 291 JHAKUAPARA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 63 JAYANTA KUMAR BARMAN S/O SATISH CH.BARMAN, ASSTT. TEACHER, No. 2 AGRONG M.E. SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 64 SMTI. JARINA KHATUN D/O LATE TAFIZUDDIN, ASSTT. TEACHER, BARLAWGAON M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 65 SMTI. JHUMA SAHA D/O MADHU SUDHAN SAHA, ASSTT. TEACHER, 178 MOWKHUA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 66 JOHIR UDDIN S/O LATE YAQUB ALI MANDAL, ASSTT. TEACHER, PANBARI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 67 JULHASH UDDIN S/O SRI SHONA MIAH, ASSTT. TEACHER, 272 HANCHARA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM 68 KAILASH CHANDRA BARMAN S/O RAJEN CHANDRA BARMAN, ASSTT. TEACHER, SIDLI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 69 SHRI KAJAL KAR S/O SHRI SUNIL KAR, ASSTT. TEACHER, DEWANGAON L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 70 KHALILUR RAHMAN S/O LATE SUKUR MOHAMAD ASSTT. TEACHER, 104 FULERCHAR L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 71 KHAN ABDUL HAMID S/O NARMAN ALI KHAN, ASSTT. TEACHER, SIDLI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 72 SHRI KRISHNANANDA DAS S/O DINESH CH. DAS, ASSTT. TEACHER, SABU SADAR

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M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 73 SHRI LAKSHMAN CHANDRA MANDAL S/O LATE MUNINDRA CH.MANDAL, ASSTT. TEACHER, BARLAWGAON M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 74 SHRI LOCHIN CHANDRA RAY S/O LATE URMAI CH.RAY, ASSTT.TEACHER, BIJNI MOTILAL BAGRIA M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 75 SHRI MANJIT DUTTA S/O HARIPAD DUTTA, ASSTT. TEACHER, PALENGBARI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 76 MD. ABDUL MOTLEB S/O JILL HUSSAIN, ASSTT. TEACHER, 406 AMGURI JR.BASIC, DISTRICT-BONGAIGAON, ASSAM. 77 SMTI MEENA KUMAR RAY D/O LATE RAMESH CH. RAY, ASTT. TEACHER, SIDLI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 78 SMTI MITALI DAS D/O SUSHIL DAS, ASSTT. TEACHER, DHALAGAON L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 79 SMTI MONIKA SHARMA D/O GANESH SHARMA, ASSTT.TEACHER, BINHORA GIRLS M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 80 SHRI MONOMOHAN SARKAR S/O SRI GOKUL CH.SARKAR, ASTT. TEACHER, JHARPARA BAPUJI GIRLS M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 81 SHRI MONOWAR HUSSAIN S/O AJGAR ALI SARKAR, ASSTT. TEACHER, MAJERALGA M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 82 SHRI MONSTAFA AHMED S/O IDRISH ALI, ASSTT. TEACHER, 485 BOWPARA KALBARI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 83 MOTIOR RAHMAN SARKAR S/O MOINUL HAQUE SARKAR, ASSTT. TEACHER, GARO BAPTIST M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 84 SHRI MRIGEN CHANDRA SARKAR S/O LATE HARILAL SARKAR, ASSTT. TEACHER, GARO BAPTISH M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 85 SHRI MUKUL CHANDRA DAS S/O MANI KANTA DAS, ASSTT. TEACHER, RAJPARA MEM, DISTRICT-BONGAIGAON, ASSAM. 86 SHRI NADUL CHANDRA DEY S/O LATE RADHA BINOD DEY, ASSTT. TEACHER, NEW BONGAIGAON M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 87 SHRI NARESH CHANDRA MANDAL S/O NARAYAN CHANDRA MANDAL, ASSTT.TEACHER, 448 PALASHBARI L.P. SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 88 SHRI NIKHIL CHANDRA BISWAS S/O SRI RASHIK CHANDRA BISWAS, ASSTT. TEACHER, 806 MONESWARI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 89 SHRI NITAI CHANDRA ROY S/O SRI SONTOSH KR. ROY, ASTT. TEACHER, BALLAMGURI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 90 SHRI NITAI CHANDRA SARKAR S/O LATE NIMAI CH.SARKAR, ASSTT. TEACHER, ULUBARI

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M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 91 SHRI NOWAS HUSSAIN S/O MOHAMMED ALI, ASSTT.TEACHER, MUNSI MARFAT ALI MEMORIAL M.E.SHCOOL, DISTRICT-BONGAIGAON, ASSAM. 92 SMTI. NUR NAHAR BEGUM D/O LATE HUSSAIN ALI, ASSTT. TEACHER, MUNSI MARFAT ALI MEMORIAL M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 93 SHRI NURIL AMIN S/O SRI ABDUR ROUF, ASSTT. TEACHER, ENKORBARI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 94 SHRI NURUL ISLAM S/O LATE TOFIZUDDIN, ASSTT. TEACHER, 473 BHADRAGAON L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 95 SMTI. PADUMI BALA DAS D/O BHADESWAR DAS, ASSTT. TEACHER, MULAGAON RAVAPARA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 96 SHRI PARIMAL KUMAR RAY S/O SUSHIL KUMAR RAY, ASSTT. TEACHER, 7 NO.BASHBARI M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 97 SHRI PARTHA PRITOM GHOSH S/O NARESH CH. GOSH, ASSTT. TEACHER, BONGAIGAON BIDYAPITH M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 98 SHRI PRADIP KUMAR ARYA S/O LATE HIRALAL ARYA, ASSTT. TEACHER, BORLAWGAON M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 99 SHRI PRADIP KUMAR DAS S/O LATE MADHU SUDHAN DAS, ASSTT. TEACHER, PACHANIA SR. BASIC, DISTRICT-BONGAIGAON, ASSAM. 100 SHRI PRAHLAD SAHA S/O PRAFULLA SAHA, ASSTT. TEACHER, GHANDAI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 101 SHRI PRAMESWAR SARKAR S/O MATILAL SARKAR, ASSTT. TEACHER, JILANI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 102 SHRI PRANAB KUMAR RAY S/O BALENDRA NARAYAN RAY, ASSTT. TEACHER, 351 CHALABILA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 103 SHRI RABINDRA KUMAR MANDAL S/O RAM KUMAR MANDAL, ASSTT. TEACHER, 396 GARAIMARI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 104 SHRI SMTI RAJIA KHATUN D/O AZIZUR RAHMAN, ASSTT. TEACHER, KOKILA PURBAPARA MEM, DISTRICT-BONGAIGAON, ASSAM. 105 SHRI RAM KRISHNA NANDI S/O RADHESHYAM NANDI, ASSTT. TEACHER, BILASHPUR UTTAM M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 106 SMT. RANJULA THAKURIA DAS D/O DEBEN THAKURIA, ASSTT. TEACHER, BALLAMGURI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 107 SHRI RATAN CHANDRA SIKDAR S/O RATNESWAR CH.SIKDAR, ASSTT. TEACHER, MADHYAM KAJAL GAON M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 108 SMTI RATNA BHOWMIK D/O PARESH CH.BHOWMIK, ASSTT. TEACHER, KOKIJAN

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M.E.M.,DISTRICT-BONGAIGAON, ASSAM. 109 SMTI RUPALI DAS D/O LATE PARBATI CHANDRA DAS, ASSTT. TEACHER, MULAGAON M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 110 SHRI RUPEN KALITA S/O LATE PUREN KALITA, ASSTT. TEACHER, SRIMANTA SANKARDEV M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 111 SMTI. SABITA MAHANTA LATE DHARANI KANTA MAHANTA, ASSTT. TEACHER, BHADRAGAON L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 112 SHRI SAHA ALI S/O LATE HAJI HASMAT ALI, ASSTT. TEACHER DEWANGAON SUTRADARPARA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 113 SHRI SAHA ALI MANDAL S/O LATE UMDED ALI MANDAL, ASSTT. TEACHER, AMBARI MEM, DISTRICT-BONGAIGAON, ASSAM. 114 SHRI SAHNUR ALAM S/O AMIR HUSSAIN, ASTT. TEACHER, 385 CHEWCHAND BAGARIA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 115 SHRI SAJAHAN ALI AHMED S/O LATE AHMED ALI GAUBURA, ASSTT. TEACHER, 280 BHATUABAN L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 116 SHRI SAJAL CHANDRA DAS S/O JAGADISH CH.DAS, ASSTT. TEACHER VIVEKANANDA BIDYAPITH M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 117 SHRI SATIN CHANDRA RAY S/O LATE KRIPAL CH.RAY, ASSTT. TEACHER, JHAWBARI GOSSAIPARA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 118 SHRI SAYEDUR RAHMAN S/O LATE MOINAL HAQUE, ASSTT. TEACHER, AULAGURI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 119 SMTI SEWALI ROY D/P LATE ASHOK KR. ROY, ASSTT. TEACHER, SRI JANGRAM PAKHIRIGURI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 120 SHRI SHAHJAMAL MANDAL S/O HAZRAT ALI MANDAL, ASSTT. TEACHER, 286 BARPATHAR L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 121 SHRI SHAHID ALI SARKAR S/O LATE ASHIRUDDIN SARKAR, ASSTT. TEACHER, GERUKABARI M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 122 SMTI SHEWALI GHOSH D/O LATE DEBA PRASAD GHOSH, ASSTT. TEACHER, DASIMAPARA L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 123 SHRI SIBU G. GHOSH S/O DHIRENDRA CH. GHOSH, ASSTT. TEACHER, NEW BONGAIGAON M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 124 SMTI SMITA DUTTA D/O LATE KANAILAL DUTTA, ASSTT. TEACHER, DHALAGAON M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 125 SHRI SOLIM UDDIN S/O MOZAFFAR ALI, ASTT. TEACHER, 1134 LAKHIPUR L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 126 SHRI SONOWAR HUSSAIN S/O SHRI ANSAR ALI, ASTT. TEACHER, 149 MATIAPARA

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L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 127 SHRI SONOWAR HUSSAIN S/O NABAJESH ALI, ASSTT. TEACHER OF PIRA DHARA M.E.MADRASSA, P.O. AND DIST. BONGAIGAON, ASSAM. 128 SYED NAJNIN SULTANA D/O SAYED ALI, ASSTT. TEACHER, CHAKAPARA M.E.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 129 SHRI TARAPADA DAS S/O MODAN MOHAN DAS, ASSTT. TEACHER, 251 BHETAGAON L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 130 SMTI. TULSI BARMAN D/O DABENDRA CH.BARMAN, ASSTT. TEACHER, HOLLAGURI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 131 SHRI UTTAM CHANDRA BASAK S/O AKMAL MOHIUDDIN BASAK, ASSTT. TEACHER, TILPUKHURI L.P.SCHOOL, DISTRICT-BONGAIGAON, ASSAM. 132 SHRI ZAKIR HUSSAIN S/O REKIBUDDIN AHMED, ASSTT. TEACHER, DHALAGAON, M.V.SCHOOL, DISTRICT-BONGAIGAON, ASSAM.

……..RESPONDENTS.

WP(C) NO. 7492 OF 2005

1. SHRI ABDUL KAYUM, S/O SHRI AZAIB ALI, RESIDENT OF VILLAGE PURBA-CHANDMARI,

P.O. LILA-CHILA, P.S. RATABARI, DISTRICT KARIMGANJ, ASSAM. 2. SHRI ROMONIK BHAR, S/O SHRI RAMJANAM BHAR, RESIDENT OF – KALACHERRA TEA ESTATE,

P.O. CHERAGI, P.S. RATABARI, DISTRICT KARIMGANJ, ASSAM. 3. SHRI MOMSHAD AHMED, S/O SHRI ABDUS SUKKUR, RESIDENT OF VILLAGE – KAZIRBAZAR,

P.O. RATABARI, DISTRICT KARIMGANJ, ASSAM. … PETITIONERS

VS 1 THE STATE OF ASSAM (TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 6). 2 THE COMMISSIONER & SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 6. 3 THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT, DISPUR, GUWAHATI- 6. 4. THE DEPUTY COMMISSIONER CUM DISTRICT TREASURER, KARIMGANJ, P.O. KARIMGANJ, DISTRICT – KARIMGANJ, ASSAM. 5 THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM, KAHILIPARA, GUWAHATI- 19. 6 THE DISTRICT ELE. EDU. OFFICER, KARIMGANJ, P.O. & DIST.- KARIMGANJ, ASSAM. 7 THE DEPUTY INSPECTOR OF SCHOOLS, KARIMGANJ, P.O. & DIST.- KARIMGANJ, ASSAM. 8 SHRI GADADHAR BARMAN, RETIRED, DEPUTY INSPECTOR OF SCHOOLS, KARIMGANJ, RESIDENT OF VILLAGE SADARGRAM,

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P.O. AND DISTRICT – KARIMGANJ, ASSAM. 9. SHRI ARUN BISWAS, U.D. ASSISTANT, OFFICE OF THE DEPUTY INSPECTOR OF SCHOOLS, P.O. AND DISTRICT KARIMGANJ, ASSAM. 10. SHRI ASIM BISWAS, U.D. ASSISTANT, OFFICE OF THE DEPUTY INSPECTOR OF SCHOOLS, P.O. AND DISTRICT KARIMGANJ, ASSAM. 11. THE BLOCK ELEMENTARY EDUCATION OFFICER, SOUTH KARIMGANJ (EDUCATION) BLOCK, DISTRICT KARIMGANJ, ASSAM. 12. THE BLOCK ELEMENTARY EDUCATION OFFICER, RAMKRISHNAGAR (EDUCATION) BLOCK, P.O. RAMKRISHNAGAR, DISTRICT KARIMGANJ, ASSAM. 13. THE BLOCK ELEMENTARY EDUCATION OFFICER, NORTH KARIMGANJ (EDUCATION) BLOCK, P.O. KARIMGANJ DISTRICT - KARIMGANJ, ASSAM. 14. THE BLOCK ELEMENTARY EDUCATION OFFICER, BADARPUR (EDUCATION) BLOCK, BADARPUR P.O. BADARPUR, DISTRICT KARIMGANJ, ASSAM. 15. THE BLOCK ELEMENTARY EDUCATION OFFICER, PATHARKANDI (EDUCATION) BLOCK, BADARPUR P.O. PATHERKANDI, DISTRICT KARIMGANJ, ASSAM. 16. SHRI BIJAN KUMAR DAS, ASSTT. TEACHER OF

NO. 415 NATHUPUR L.P. SCHOOL. 17. SMTI. DIPIKA DEY, ASSTT. TEACHER OF

NO. 413 SAPTAKUSUM L.P. SCHOOL. 18. SMTI. ILLA RANI SUKLAVAIDYA, ASSTT. TEACHER OF

NO. 473 BHATGRAM L.P. SCHOOL. 19. SHRI FARHAN AHMED CHOUDHURY, ASSTT. TEACHER OF

NO. 15 BAGBARI L.P. SCHOOL. 20. SHRI ABDUL AWAL CHOUDHURY, ASSTT. TEACHER OF

NO. 1360 BANIAGOOL L.P. SCHOOL. 21. SHRI SULTAN AHMED CHOUDHURY, ASSTT. TEACHER OF

NO. 89 NAYAGRAM L.P. SCHOOL. 22. SHRI SHYAMAL BARUN DEB BAIDYA, ASSTT. TEACHER OF

NO. 574 DEBIGAR L.P. SCHOOL. 23. SHRI SANKAR DUTTA, ASSTT. TEACHER OF

NO. 548 DAYABASNA L.P. SCHOOL. 24. SHRI ABDUL HANNAN, ASSTT. TEACHER OF

NO. 105 BAIRAGICHAK L.P. SCHOOL. 25. SHRI ABDUL BASIT, ASSTT. TEACHER OF

NO. 524 BAPUJI L.P. SCHOOL. 26. SHRI ASAB UDDIN, ASSTT. TEACHER OF

NO. 570 GUGRAKONA L.P. SCHOOL. 27. SMTI. MONOWARA KHANAM, ASSTT. TEACHER OF

NO. 509 SURJYADAS L.P. SCHOOL. 28. SHRI MUJIBUR RAHMAN, ASSTT. TEACHER OF

NO. 286 SRIMANTAKABISHAIL L.P. SCHOOL. 29. SHRI ABDUL MANNAN, ASSTT. TEACHER OF

NO. 306 DHALGRAM L.P. SCHOOL. 30. SHRI SAIFUL ISLAM, ASSTT. TEACHER OF

NO. 534 MADANMOHAN L.P. SCHOOL. 31. SHRI ABDUL HANNAN, ASSTT. TEACHER OF

NO. 890 MIRADHIGIRPAR L.P. SCHOOL.

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32. SHRI JALAL UDDIN, ASSTT. TEACHER OF NO. 466 CHOUDHURY BAZAR L.P. SCHOOL.

33. SHRI SAAD UDDIN, ASSTT. TEACHER OF NO. 789 ROHINI VIDYAPITH L.P. SCHOOL.

34. SHRI HELAL UDDIN, ASSTT. TEACHER OF NO. 422 MAZIDALA L.P. SCHOOL.

35. SHRI SAHAB UDDIN AHMED, ASSTT. TEACHER OF NO. 422 MAZIDALA L.P. SCHOOL.

36. SMTI. SALEHA BEGUM, ASSTT. TEACHER OF NO. 439 AMDAHARL.P. SCHOOL.

37. SHRI SARIF UDDIN, ASSTT. TEACHER OF NO. 17 GHORARDHAP L.P. SCHOOL.

38. SHRL HUSSAIN AHMED, ASSTT. TEACHER OF NO. 601 MAIZDIHI L.P. SCHOOL.

39. SHRI FAZLUL HAQUE CHOUDHURY, ASSTT. TEACHER OF NO. 69 ISWARSHREE L.P. SCHOOL.

40. SMTI. MONOWARA BEGUM, ASSTT. TEACHER OF NO. 590 BAISKHANI L P. SCHOOL.

41. SMT. KRISHNA CHAKRABORTY, ASSTT. TEACHER OF NO. 212 ALAMKHANI L.P. SCHOOL.

42. SHRI BLDHAN CHANDA, ASSTT. TEACHER OF NO.8 BIDYANAGAR L.P. SCHOOL.

43. SHRI ABDUS SAHLD, ASSTT. TEACHER OF NO. 566 DARARPAR L.P. SCHOOL.

44. SMTI. JAMLLA BEGUM, ASSTT. TEACHER OF NO. 180 SRIMANTHA-KANISHAIL L.P. SCHOOL

45. SMTI. KHUDEJA KHANAM.TAPADAR, ASSTT. TEACHER OF NO. 15 BAGHBARI L.P. SCHOOL.

[The respondents no. 16-45 are working under the Block Elementary Education Officer [B.E.E.O.] of south Karimganj Block. Notices to be served through Block Elementary Education Officer [B.E.E.O], south Karlmganj block, district- Karimganj, Assam] 46. SMTI JOYA CHAKRABORTY, ASSTT. TEACHER OF

NO. 82 PALDAHAR L.P. SCHOOL, PALDAHAR, 47. SHRI FAKR-UDDLN, ASSTT. TEACHER OF'

NO. 728 LALCHERRA HINDI L.P. SCHOOL, 48. SHRI MUKTADLR HUSSAIN, ASSTT, TEACHER OF

NO. 548 DAYABHASA L.P. SCHOOL, 49. SHRI SAMSUL HAQUE, ASSTT. TEACHER OF

NO, 420 SURJYANATH L. P, SCHOOLS 50. SHRI SANJIB DAS, ASSTT. TEACHER OF

NO. 94 KUDALI L.P. SCHOOL, 51. SHRI TAJ UDDIN, ASSTT. TEACHER OF NO. 708 KALANPAR L.P. SCHOOL 52. SHRI ATIQUR RAHMAN TALUKDER, ASSTT. TEACHER OF

NO. 845 KHAGENDRA DUTTA L.P. SCHOOL. 53. SHRI ABDUL MUNIM, ASSTT. TEACHER OF

NO. 971 VIVEKANANDA L.P. SCHOOL, 54. SHRI JOYDEEP PAUL, ASSTT, TEACHER OF

NO. 700 PATHARKUWARI L.P. SCHOOL, 55. SMTI. AGNISH SULTANA LASKAR, ASSTT. TEACHER

OF NO. 97 KALA-CHUK L.P. SCHOOL,

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56. SHRI HIMANGA BHATTACHARJEE, ASSTT. TEACHER OF NO. 291 B.K. SISHU SADAN LP. SCHOOL,

57. SHRI DILIP CHAKRABORTY, ASSTT. TEACHER OF NO. 377 PALLIMANGAL L.P. SCHOOL.

58. SMTI KRISHNA BARTA DEY, ASSTT. TEACHER OF NO. 982 DAMKAWALA L.P. SCHOOL.

59. SHRI MOINUL HAQUE, ASSTT, TEACHER OF NO. 460 SRIDULGAON L.P. SCHOOL,

60. SHRI PRANESH ACHARJEE, ASSTT. TEACHER OF NO. 40 KRISHNANAGAR L.P. SCHOOL,

61. SHRI ABDUL AZLZ, ASSTT, TEACHER OF NO. 40 KRISHNANAGAR L.P. SCHOOL,

62. SHRI SUSANTA BHATTACHARJEE, ASSTT. TEACHER NO. 185 BARUWALA LP. SCHOOL,

63. SHRI MRINAL KANTI PAUL, ASSTT. TEACHER OF NO. 521 NALURPAR L.P. SCHOOL, 64. SHRI ASHOK CHAKRABORTY, ASSTT. TEACHER,

NO. 845 KHAGENDRA DUTTA L.P. SCHOOL. 65. SHRI KAMAL UDDIN AHMED, ASSTT. TEACHER NO.

624 CHANDKHANI L.P. SCHOOL. 66. SHRI ABDUL AHAD, ASSTT. TEACHER OF

NO. 291 B.K. SISHU SADAN L.P. SCHOOL. 67. SHRI ABDUL KALAM, ASSTT, TEACHER OF

NO. 190 CHERAGI FOREST L.P. SCHOOL. 68. SHRI ARABINDA KUMAR SINHA, ASSTT. TEACHER,

NO. 971 VIVEKANANDA L.P. SCHOOL 69. SHRI ABDS SALAM, ASSTT. TEACHER OF

NO. 734 CHERAGINAGAR L.P. SCHOOL, 70. SHRI ALOK SENGUPTA, ASSTT. TEACHER OF

NO. 753 DURLAVCHERRA LP. SCHOOL. 71. SHRI AJOY SENGUPTA, ASSTT. TEACHER OF

NO. 291 (A) R.K. SISHU SADAN L.P. SCHOOL, 72. SMTI SUMITRA DAS, ASSTT. TEACHER OF

NO. 1289 ANIPUR SRAMIK L.P. SCHOOL, 73. SHRI ABU SALEH MD. ZAKLR, ASSTT. TEACHER,

NO. 1100 PACHIM PATIALI L.P . SCHOOL. [For respondents no. 46-73 Notice to be served through the Block Elementary Education Officer, Ramkrishnanagar Block, P.O. Ramkrishnanagar, District Karimganj, Assam] 74. SHRI TULSHIPADA BHATTACHARJEE, ASSTT. TEACHER

NO. 1187 BIDYARTHI BHABAN L.P. SCHOOL. 75. SMTI. APARNA PAUL, ASST .TEACHER OF

NO. 569 CHARBAZAR L.P. SCHOOL. 76. SMTI MUKTA-LATA CHANDA, ASSTT. TEACHER,

NO. 1128 MALIJURI L.P. SCHOOL. 77. SMTI. CHANDA DAS, ASSTT. TEACHER OF

NO. 1187 BIDYBATI BHAVAN. L. P. SCHOOL, 78. SMTI LIPI DEB, ASSTT. TEACHER OF

NO. 1187 BIDYABATI BHAVAN L. P. SCHOOL, 79. SHRI KAJOL DEB, ASSTT. TEACHER OF

NO. 703 ALONGJURI LP. SCHOOL, 80. SMTI. ARCHANA CHAKRABORTY, ASSTT. TEACHER NO.545 RAIMONI L.P. SCHOOL.

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81. SMTI. SUSMITRA DEY, ASSTT. TEACHER OF NO. 851 ABOYA BIDYAPITH L.P. SCHOOL,

82. SHRI MOHBUBUR RAHMAN, ASSTT, TEACHER, NO. 380 SOUTH PANIGHAT L.P. SCHOOL

83. SHRI SWAGATA PAUL CHOUDHURY, ASSTT. TEACHER NO. 545 RAIMONI L.P. SCHOOL,

84. SHRI BARNALI BHATTACHARJEE, ASSTT, TEACHER NO. 414 BANAMALI L.P. SCHOOL,

85. SMTI. CHAMPA DAS, ASSTT. TEACHER OF NO. 445 SUBASH BANIPITH L.P. SCHOOL.

86. SMTI. SAHENE BEQUM, ASSTT. TEACHER OF NO. 77 LATU BOYS L.P. SCHOOL,

87. SAYED KUBUD AHMED, ASSTT. TEACHER OF NO. 42 DASGRAM MODEL L.P. SCHOOL.

88. SMTI DIPTI RANI PURKAYASTHA, ASSTT, TEACHER OF NO. 445 SUBASH BANIPITH L.P. SCHOOL,

89. SMTI. ANOWARA BEGUM, ASSTT. TEACHER OF NO. 784 JEBDA L.P. SCHOOF,

90. SMTI. HASNA BEGUM, ASSTT. TEACHER OF NO. 116 HAMINDPUR L.P. SCHOOL,

91. SHRI MURTAJA AHMED KHAN, ASSTT, TEACHER OF NO. 119 SADARASHI GIRLS LP. SCHOOL,

92. SHRI MAZARUL ISLAM CHOUDHURY, ASSTT. TEACHER OF NO. 83 LATU GIRLS L P. SCHOOL.

93. SMTI. NIBEDITA BANIK, ASSTT. TEACHER OF NO. 445 SUBASH BANIPITH L.P. SCHOOL.

94. SHRI NIZAM UDDIN, ASSTT. TEACHER OF NO. 146 HARIKHAI MUKTAB [SCHOOL],

95. SMTI. BEGUM UMME KULSUM, ASSTT. TEACHER OF NO. 150 FAKIRA-BAZAR GIRLS L.P. SCHOOL

96. SMTI. JAHANARA KHANAM, ASSTT. TEACHER OF NO. 445 SUBASH BANIPITH L.P. SCHOOL.

97. SHRI ABDUS SABUR CHOUDHURY, ASSTT. TEACHER NO. 163 LATASHAIL L.P. SCHOOL.

98. SMTI KANKANA DEY, ASSTT. TEACHER OF NO. 445 SUBHASH-BANIPITH L.P. SCHOOL,

99. SMTI. LINA BHATTACHARJEE, ASSTT. TEACHER OF NO. 269 KALIBARI KALIPRASAD LOP. SCHOOL,

100. SMTI. SABLTA CHOUDHURY, ASSTT. TEACHER NO. 403 SALABARI L.P. SCHOOL,

[Notice to be served upon the respondents No. 74-100 through the Block Elementary Education Officer, Karimganj, Sadar/ Karimganj North Block, P.O. & District- Karimganj, Assam.] 101. SHRI MOIN UDDIN, ASSTT. TEACHER OF

NO. 67 CHORARMARA L.P. SCHOOL, 102. SHRI ANAM UDDIN, ASSTT. TEACHER NO. 676 KUCHIRKUNA CHATRAMOYEE L.P. SCHOOL. 103. SHRI ABDUL AHAD, ASSTT, TEACHER OF

NO. 627 KAZIR -GRAM L. P. SCHOOL, 104. SMTI GITA DEBI, ASSTT. TEACHER OF

NO. 203 MARJATKANDI GIRLS L.P. SCHOOL, 105. SHRI ABDUS SALAM, ASSTT. TEACHER NO. 76

KANKALASH MODEL L.P. SCHOOL,

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106. SHRI SALIM AHMED, ASSTT. TEACHER OF NO. 224 MALUA BOYS L.P. SCHOOL

107. SHRI ALA UDDIN, ASSTT, TEACHER OF NO. 715 DAKSHINKUL L.P. SCHOOL. 108 SHRI FARID IKBAL TAPADAR, ASSTT, TEACHER,

NO, 36 CHAPARA LP. SCHOOL, 109. SHRI FAIZ UDDIN CHOUDHURY, ASSTT, TEACHER

OF NO. 850 SONIA BARLOI KHASIAPUNJI LP. SCHOOL, 110. SMTL BABITA OAS, ASSTT. TEACHER OF

NO. 300, TARAKISHOR L.P. SCHOOL, 111. SHRI MUKTARUL HUSSAIN, ASSISTANT TEACHER OF

NO. 815 DEBENDRE NAGAR L.P. SCHOOL, 112. MD. SIAZUDDIN, ASSTT. TEACHER OF

NO. 217 CHARUBALA L.P. SCHOOL 113. SHRI AKTARUZ-ZAMMAN, ASSTT, TEACHER OF

NO. 143 BORTHAL ASSAMESE L.P. SCHOOL. 114. SHRI NAZRUL ISLAM, ASSTT, TEACHER OF

NO. 50 AURANQABAD L.P. SCHOOL, 115. SHRI FAUQUK AHMED, ASSISTANT TEACHER OF

NO. 897 JAGANNATHPUR LP. SCHOOL. 116. SMTI. HANUFA KHANAM, ASSTT. TEACHER, NO.

202 RAM LOCHAN LP. SCHOOL 117. SHRI PARTHAJIT HAZARIKA, ASSTT. TEACHER, NO.

128 HESANPUR BOYS L.P. SCHOOL. 118. SMTI REHELA BEGUM, ASSTT. TEACHER OF

NO. 402 KHADIMAN MAKTEB L.P. SCHOOL. 119. SMTI. ANITA RANI DAS, ASSTT. TEACHER OF

NO. 67 GHORAMARA L.P. SCHOOL. 120. SMTI. ANITA DAS, ASSTT. TEACHER OF

NO. 1152 RASULPUR L.P. SCHOOL. 121. SHRI ABDUL HAQUE, ASSTT. TEACHER OF

NO . .536 DAKSHIN LAMAJUAR L.P. SCHOOL, 122. SHRI MEHBUB UDDIN TAPADAR, ASSTT. TEACHER

NO. 59 LAMAJUAR LP. SCHOOL. 123. SHRI K.M. NAZRUL HUSSAIN,

ASSTT. TEACHER NO. 125, BARBARI L.P. SCHOOL. [Notice upon the above Respondents no. 101 to 123 are to be served through Block Elementary Education Officer, Badarpur Block, P.O. Badarpur, District-Karimganj, Assam.] 124. SMTI. BIJOYALAKHI CHAKRABORTY, ASSTT. TEACHER

NO. 234 NALUGAON L.P. SCHOOL. 125. SMTL RUPALI CHOUDHURY, ASSTT, TEACHER,

NO. 241 UNANGRAM L.P. SCHOOL. 126. SHRI KAUSHIK NAG, ASSTT. TEACHER OF

NO. 497 HARINAGAR L.P. SCHOOL, 127. SMTI KAKOLI CHOUDHURY, ASSTT. TEACHER,

NO. 518 NAYANPUR L.P. SCHOOL. 128. SMTI. PHULEMA DAS CHOUDHURY, ASSTT. TEACHER

NO. 839 SATKERAGUL L.P. SCHOOL. 129. SMTI. KRISHNA SEN, ASSTT, TEACHER OF

NO. 817 JOGICHERRA L.P. SCHOOL, 130. SHRI UTTAM KUMAR DEB, ASSTT. TEACHER

NO. 362 NAGARIA L.P. SCHOOL,

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131. SHRI BIKRAM DEY ASSTT. TEACHER OF NO. 821 RAJARGAON L.P. SCHOOL.

132. SHRI BURHAN UDDIN, ASSTT. TEACHER OF NO. 1034 SOUTH HAPANIA LP. SCHOOL.

133. SHRI PRADIP KANTI CHOUDHURY, ASSTT. TEACHER OF NO. 285 KALKALIGHAT L.P. SCHOOL,

134. SMTI SANCHITA BHATTACHARJEE, ASSTT. TEACHER NO. 1146 D. TINOKHAL LP. SCHOOL,

135. SMTI SABITA NAMASUDRA, ASSTT. TEACHER NO. 61 BAGAN L.P. SCHOOL, 136. SHRI JANA PARAKESH ROY, ASSTT, TEACHER, NO.

776, ADOMTILA L.P. SCHOOL, 137. SHRI DEBASHISH VAIDYA, ASSTT, TEACHER, NO.

844 BARALIGRAM L.P. SCHOOL. 138. SHRI NAYEEM UDDIN, ASSTT. TEACHER OF NO.

366 ATA- NAGAR L.P. SCHOOL . [Notice upon the respondents no. 123-138 to be served through Block Elementary Education Officer, Patherkandi Block, P.O. Patharkandi, District karimganj.]

….RESPONDENTS.

BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY

For the petitioners : Dr. B. Ahmed,

Mr. N. Hoque, Mr. S. Rahman, Mr. S.K. Deori &

Mr. H.I. Choudhury. …Advocates.

For the Respondents 1, 2, 4, 5, 6 & 7 : Mr. M.R. Pathak, SC, Education.

For the Respondent No.3 : Mr. Mr. D. Gogoi, SC, Finance.

Date of hearing : 24.04.2013 & 08.05.2013 Date of delivery of judgment :

JUDGMENT AND ORDER

Dr. B. Ahmed, the learned Counsel argues for the petitioners. The

respondents 1, 2, 4, 5, 6 & 7 are represented by Mr. M.R. Pathak, the Standing

Counsel, Education. The respondent No.3 is represented by Mr. B. Gogoi,

Standing Counsel, Finance. The private respondents 8 to 132 are un-presented

although notices were duly served on them.

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2. The petitioners in the WP(C) 2346/2008 are unemployed and are

aspiring for appointment to the post of Teacher in L.P/ME Schools, in

Bongaigaon district. They challenge the Government circular dated 10.8.2000

issued by the Commissioner and Secretary to the Government of Assam,

Education Department, whereby, decision was taken to regularize the services

of irregularly appointed teachers. The petitioners specifically challenge the order

of the Director of Elementary Education (DEE), Assam, issued on 30.1.2006 and

the order dated 22.4.2008 issued by the District Elementary Education Officer

(DEEO), Bongaigaon, whereby services of 125 teachers in Bongaigaon district

were regularized, purportedly in pursuant to the finding of the S. Monoharan

Enquiry Committee (hereinafter referred to as “the Monoharan Committee”) and

the recommendation of the Task Force/Districts Level Screening Committee.

3. The petitioners project that after advertisement was issued on

3.9.1991, the last regular selection of teachers in Bongaigaon District was held

on 6.5.1993 and in that process, 54 in L.P. and 44 in M.E. Schools were selected

for appointment. Since the regularization of teachers in Bongaigaon District was

unauthorizedly attributed to the finding of the Monohoran Committee, Dr.

Ahmed made elaborate submissions on the scope and ambit of the functioning

of the Monohoran Committee:

4. The 3 petitioners in the WP(C) 7492/2005 are serving as honorary

teachers in L.P. Schools of Karimganj district. They challenge the regularization

of service of the 123 irregular teachers of Karimganj district (private

respondents 16 to 138). The petitioners contend that such regularization is

impermissible in law and regular vacancies in Karimganj district should not be

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exhausted through connivance and manipulation of the departmental authorities

and self-serving beneficiaries.

5.1 On 16.11.1991, the Assam Government sanctioned 5474 posts of

Teachers for the Middle Schools in the State. Of these newly created posts,

3775 posts were utilized for provincialization of service in 755 Middle Schools

and the remaining sanctioned posts were similarly utilized for provincialising

teachers in schools, under the Tribunal Sub Plan (TSP) and schools in Schedule

Caste (SC) areas in Assam.

5.2 Thereafter 64 posts for teachers in Middle Schools in Cachar

district were allotted. Appointments to 64 were given in Cachar district but since

these appointments were made without any advertisement and selection and

the allotment of the 64 posts to Cachar district by the then Additional Director of

Elementary Education was found to be without any authority, instruction was

issued by the DEE, Assam on 20.12.1994 to terminate the services of the

illegally appointed teachers of Cachar district. Consequentially by the order

dated 26.12.1994 the DEEO, Cacharcancelled the appointment of 63 (from the

group of 64) teachers in Cachar district.

5.3 The 63 aggrieved appointees of Cachar challenged the termination

by filing Civil Rule 324/1995 and this Court passed interim order to protect the

ouster of those petitioners. But since the appointments were made without due

sanction of posts, salary was not paid to the appointees and to decide on the

resultant confusion in Cachar district, Mr. S. Monoharan, IAS, the then

Commissioner of Lower Assam Division was ordered to enquire on the

appointment made to non-existent posts in Cachar district. The Committee gave

its report on 16.9.1996 where the Commissioner indicated that appointment to

the 63 persons in Cachar district was made for extraneous consideration

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through blatant misuse of power by the departmental officers and political

leaders.

5.4 After the preliminary report was submitted by Mr. S. Monoharan,

this Court on 12.3.1996 in the W.A.59/1995 and connected appeals directed

Mr. Monoharan to conduct a wider enquiry into illegal appointments at the State

level and the Government through notification dated 9.9.1996 ordered for an

administrative enquiry to be conducted by Mr. S. Monoharan. The ambit of the

enquiry was stipulated as follows:

“Government of Assam Orders by the Governor

Elementary and Secondary Education Department Notification

Dated, Dispur, the 9th September, 1996. No A(1) E.425/96/15: Whereas the Governor of Assam is of the opinion that it is necessary to inquire into the irregular and illegal appointment of school teachers in Primary Middle High and Higher Secondary Schools of Assam during the period of 1st March 1991 to 30th April 1996 and whereas the Governor in his address to the Assam Legislative Assembly on 13th June 1996 had announced that the Government of Assam in the Education Department would take firm and effective steps to put an immediate and to the widespread irregularities in the appointment of teachers and the rampant corruption and malpractices prevailing in the department during the tenure of the erstwhile Government and all such case of irregularities and malpractices will be enquired into Now, therefore, in pursuance of above, the Governor of Assam is pleased to order an administrative inquiry, to be conducted by Shri S Manoharan, IAS, Commissioner of Lower Assam Division and Hills and Barak Valley Division. The terms of references of the inquiry are stated below :

1. The inquiry will cover the Higher Secondary, Secondary as well as Elementary Education in the whole State of Assam.

2. The period to be covered by the inquiry will be from 1.3.1991 to 30.4.1996.

3. The inquiry will find out the following separately for (1) Lower Primary Schools (2) Upper Primary Schools (3) Secondary Schools (viz High Schools including Madrassa and High Madrassa) and in respect of the stage upto and including Class X in the Higher Secondary Schools and (4) the stage covering Class XI and XII in the Higher Secondary Schools

a)(i) Total number of permanent and temporary posts of teachers as on 1.3.1996 states separately for each category of posts viz Asstt Teachers Junior Teacher, Graduate Teacher, Subject Teacher, Classical Language Teacher etc. (ii) Total number of temporary posts of teachers created by the Government during the period from 1.3.1991 to 30.4.1996 for each category of posts stated under a(i) above. (iii) Total number of vacancies in the teacher posts caused due to retirement death, promotion etc. within the period from 1.3.1991 to 30.4.1996 for each category of posts stated under a(i) above. b) Total number of teachers appointed during the period from 1.3.1991 to 30.4.1996 under each category of posts stated under a(i) above.

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c) Details of appointments made under each category of posts stated under a(i) above during the period from 1.3.1991 to 30.4.1996 stating specifically Whether the appointment were made as per the procedure prescribed by rules or staring circulars of the Government. Whether any appointments were made for which posts did not exist and if so the names and designations of the authorities who made such appointments mentioning the present place of posting of such authorities. d) Any other relevant matter arising out of (a), (b) and (c) 4. The inquiry will also make recommendations to stop and check recurrence of such illegal appointments in future. 5. All concerned Departments and authorities are hereby asked to make available necessary records and information/data to the inquiry authority and also to provide facilities and cooperation to him in connection with the inquiry. They are also hereby asked to make available to the inquiry Authority any officer or staff as required by him for examination in connection with this inquiry and the said officer or staff when so required shall appear below the inquiry authority for examination and furnish faithfully and accurately the information as available with him to the inquiry authority. 6. This inquiry will not cover any matter which is covered by the inquiry ordered by the Hon’ble Gauhati High Court or any other Court in any pending cases before these Courts. 7. The inquiry Authority will submit his report to the Government within 31st October, 1996.

Sd/- (T.K. Kanilia)

Chief Secretary to the Government of Assam

9.9.96”

6. Mr. Monohoran found that illegal appointments of 4908 in Primary

Schools; 3399 in Middle Schools; 1612 in High Schools and 115 in Higher

Secondary Schools were made.

The Committee also found a category of irregularly appointed

person and in the report, 7668 in Primary Schools; 5000 in Middle Schools; 1658

in High Schools and 218 irregularly appointments in Higher Secondary Schools

were specified.

7. After the report of the Monohoran Committee was placed before

the State Cabinet, separate Task Force headed by J.P. Prakash, IAS and

another by U.S. Banerjee, IAS were constituted. The job of the task force was to

identify the officials responsible for making illegal/irregular appointments and

also to identify the beneficiaries of the illegal process.

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In May, 1997, the Task Force found that during the tenure of the

then Director of Secondary Education, Assam, Director, Elementary Education,

Assam and the tenure of the DEEO’s of Sivasagar, Karimganj, Kamrup, Tezpur,

Bongaigon, Dhemaji and the D.I. of Schools of Guwahati, Lakhimpur and

Tinsukia, large scale illegal appointments of teachers were made. The modus

operandi of the illegal appointments conversion of single teacher primary

schools to double teachers schools, appointment of non-selected persons and

appointment beyond the available vacancies. The Task force recommended

termination of non-selected and excess appointees.

The 2nd Task Force in their report of September, 1998 found that

15424 persons were appointed irregularly without following the Rules of

Recruitment and 6659 persons were appointed illegally i.e. without posts being

available. Around 96 officers of the Education Department involved in the

process of illegal appointment were identified by the Task Force. The State

Cabinet on 10.10.1998 considered the report of the Task Force and decided to

compulsory retire, the identified officers, who have completed 25 years of

service and recommended disciplinary action against the other identified officers

including retired officers.

8. According to the petitioners, the Monoharan Committee while examining

the issue of illegal appointments in Cachar and few other districts, never made

any enquiry into appointments in Bongaigaon or Karimganj district. When the

Monoharan Committee’s report on the 63 illegal appointments in Cachar district

was placed for consideration before the State Cabinet, the figures of illegal

appointees was deliberately inflated and according to the petitioners, from the

63 illegal appointments identified by the Monoharan Committee, the figures

were initially raised to 149 and to 193 thereafter. The State Cabinet on the basis

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of inflated figures mischievously furnished by the departmental officials,

considered the report of the Monoharan Committee on 21.2.2000 and

24.2.2005.

9. In the Cabinet Memorandum dated 15.9.1997, the report given by

the 6 Members Task Force was considered and it was recorded that 15424

persons were irregularly appointed in Assam without following the Rules of

Recruitment and another 6659 persons were appointed illegally, without any

posts being available. Thus total 22083 irregularly and illegally appointed cases

were detected by the Task Force. The Government then decided to regularize

those irregularly appointed persons through a screening process against the

existing vacancies. But for the illegally appointed persons, a decision was taken

for fresh recruitment in a phased manner, by discharging them at first instance.

10. In pursuant to the Cabinet decision dated 21.2.2000, the Assam

Government decided to regularize 3511 irregularly appointed teachers through a

screening process. Simultaneously a decision was taken to terminate the illegally

appointed persons, who were appointed against non-existent posts.

11. In pursuant to the Government decision, on 24.1.2002 information

was sought by the DEE, Assam on the names of irregular and illegal teachers.

When the services of teachers irregularly appointed during 1.3.1991 to

30.11.1996 were found to have been made without any posts and consequently

the appointees couldn’t be paid their salary, the Government through the

communication dated 3.4.2002 asked for proposals to be submitted, for

retention of the posts against which, the irregularly appointed teachers were

regularized.

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12. Thereafter when intimation was received that services of 3511

irregularly appointed persons were not yet regularized, the Government

prepared a District wise list of 1921 persons appointed in LP/ME/High Schools

and ordered for adjustment of services of those 1921 appointees through upto

date retention of their posts. But upon regularization, through the letter dated

25.11.2002, the appointees were held disentitled to claim any post unpaid

salary.

13. Although the Monoharan Committee never made any enquiry into

appointments in Bongaigaon district and consequently the adjustment exercise

wasn’t applicable to the Bongaigaon appointees, an illegal process for

regularizing services of illegal appointees in Bongaigaon district was started and

initially the DEE, Assam referred to 125 such persons of Bongaigaon alleged to

have been considered by the Monoharan Committee. These 125 ME School

Teachers was proposed to be regularized by the Government purportedly

through the Cabinet decision dated 24.2.2005 and curiously this was recorded in

the impugned communication of the DEE, Assam made on 30.1.2006.

14. In the next communication of 22.4.2008, the DEEO, Bongaigaon

reported that 505 ME School Teaches were appointed in Bongaigaon during

1993-94 by the then DEEO and these appointees were allegedly considered by

the Monoharan Committee and the District Screening Committee. Accordingly

recommendation was made for regularizing the services of 505 excess teachers

of Bongaigaon district, in addition to 125 teachers who were earlier

recommended to be regularized in the district.

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15. It is argued by the petitioners that soon after the Government

Circular of 10.8.2000 was issued indicating the modalities of District wise

regularization of the irregular appointees, fake appointments were fabricated by

unscrupulous elements at the District Level to project that, the private

respondents were appointed during 1991-1996 ----- the period covered by the

recommendation of the Monohoran Committee. Thus although Monohoran

Committee had never identified any irregular/illegal appointees of either in

Bongaigaon or Karimganj districts, vested groups fabricated documents to

falsely project that appointments in these 2 districts were covered by the

Monohoran Committee and accordingly list(s) of fake appointees were prepared

and process was started to prepare the Pay Bills of those undeserved

beneficiaries.

16. In order to confer underserved benefits in Bongaigaon and

Karimganj district, wrong interpretation of the Manoharan Committee’s

recommendations was made to fabricate fake list(s) of appointees. The names

figuring in these fake lists were never subjected to any screening exercise nor

they had appeared before any selection board. Therefore even by the State

evolved process, legitimacy can’t be conferred to these undeserved beneficiaries

in these two districts.

17. Significantly in the report dated 25.8.2000 given by the D.I. of

Schools, Karimganj it was reflected that none of the 123 so called teachers were

issued appointment letters from the office of the D.I. of Karimganj and in fact

fictitious and forged appointment letters were prepared to project that

appointments were genuinely made. On the basis of this fraudulent exercise,

123 persons were falsely projected to have been identified by the Monohoran

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Committee as irregular appointees of Karimganj District and on this false

premises, 123 persons were sought to be regularized, through the impugned

order dated 5.2.2005.

18. Through a similar modus operandi in Bongaigon district, separate

lists of irregularly appointed teachers were generated as those purportedly

identified by the Monohoran Committee’s report and the list of fake teachers in

Bongaigaon district were notified, modified, re-modified through connivance of

departmental officials and illegal beneficiaries and consequently the service of

125 (respondent No.8 to 132) persons were regularized, in vacancies of

elementary teachers in Bongaigaon district.

19. Before proceeding any further it may be appropriate now to take

note of the Assam Elementary (Provincialization) Rules, 1977 [hereinafter

referred to as “the 1977 Rules”, which governs the mode of recruitment of

teachers in elementary schools. Under Rule 3 of the 1977 Rules, applications are

to be invited by the Director, Elementary Education through advertisement in

newspapers. Thereafter the applications are to be processed by the Selection

Board and constituency wise Select List is required to be prepared. The Select

List is required to be authenticated and published and appointments are to be

made on merit from the authenticated Select List.

20. A bare reading of the mode of recruitment prescribed by the 1977

Rules shows that services of the private respondents were sought to be

regularized de hors the Rules since, none of the private respondents were

selected by a competent Selection Board. The Rules do not approve constitution

of Inquiry Committee/Task Force headed by senior officials to make departure

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from the prescribed process of appointment and consequently the premises on

which the private respondents were regularized, is contrary to the statutory

prescription.

21. It must also be noted that the 1977 Rules were framed under

Article 309 of the Constitution of India and the Rules were published in the

Assam Gazette, on 16th March, 1977. Therefore when the Rules framed under

Article 309 cover the field, it is difficult to see how an unknown process of

recruitment and regularization of service of teachers, can be adopted by the

State. In any case when the 1977 Rules provide for the mode of recruitment, a

so called process of regularisation can’t be evolved to accord legitimacy to illegal

process whereby, hundreds of people whose names were inserted in fabricated

list(s) of appointees, are sought to be regularized in service.

22. The Supreme Court in Nazira Begum Lashkar vs. State of Assam

reported in (2001) 1 SCC 143 held that appointment made without following the

Statutory Rules, through tampering of records, will disentitle the appointees to

claim any equitable relief. On the Government’s power to regularize service of

irregular appointees, the Apex Court in A. Umarani vs. Registrar, Cooperative

Societies reported in (2004) 7 SCC 112 declared that when appointments were

made in contravention of Rules, the State can’t invoke the power under Article

162 of the Constitution to regularize such illegal appointment. Similarly in

Punjab Water Supply & Sewerage Board vs. Ranjodh Singh reported in (2007) 2

SCC 491, the Supreme Court held that a scheme under Article 162 can’t prevail

over Statutory Rules or Rules framed under Article 309 of the Constitution. In

another often quoted decision in Ashwani Kumar vs State of Bihar reported in

(1997) 2 SCC 1, the Apex Court was examining appointment in excess of

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sanctioned posts. Since appointments were made without following the Rules,

the Court held that such appointments were illegal and no right would accrue to

the appointees.

23. The decision of the State Cabinet to regularize the service of the

illegal/irregular appointees only because they possessed the qualification can’t

at all be approved since it will amount to appointment without following the due

process. If this is permitted, fair opportunity of appointment prescribed by

Article 14 and 16 will be rendered meaningless.

24. The report of the Deputy Commissioner, Karimganj given on

22.6.1997 to the government reveal that large scale appointment orders were

fabricated in the district and clever attempts were made to cover up the fake

appointments. The illegalities were confirmed by a few departmental officials

(who were not involved in the illegal process) and they reported that forged

appointment orders were issued. Moreover the records of appointment were not

found in the office of the D.I. of Schools, Karimganj. Yet although the

Monoharan Committee hadn’t recommended the case of any L.P. School

teachers in Karimganj district, a list of 123 so called appointees was prepared to

project that they were appointed during 1991-96. Records were fabricated to

project that the appointees are working continuously and through such

manipulation, undeserved regularization benefit was given to the private

respondents.

25. The private respondents in these two cases were not selected or

appointed through due process under the 1977 Rules. The prescribed mode

doesn’t permit entry into regular service through process of

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adjustment/regularization. Therefore the decision of the State Cabinet

(assuming that Cabinet decision applies to the beneficiaries in Bongaigaon and

Karimganj district) being contrary to the statutory Rules can’t in my view, be

legally applied for regular appointment.

26. The beneficiaries/respondents herein were shown to be appointed

through a non-legitimate process as there was no selection or interview and

records were fabricated to falsely show that appointments were given. In such

circumstances, the private respondents do not deserve any equitable

consideration. Significantly, although notices of these cases were published in

newspapers, the private respondents have chosen to abstain from the

proceeding. Therefore it can be reasonably presumed that the beneficiaries are

aware of their vulnerability and that is why, they have not appeared to defend

their appointment.

27. In the above backdrop this Court is to consider how the illegalities

can be addressed. The private respondents are beneficiaries of Bongaigaon and

Karimganj districts and it is seen that they were not recruited through any

legally permitted process. In Karimganj, appointment letters were fabricated

since the office of D.I., Karimganj doesn’t have record of any of those 123

appointments. But taking advantage of the Government decision to regularise

the service of irregular appointees identified by the Manoharan enquiry

committee, the private respondents in the WP(C) 7492/2005 were falsely

projected as appointees of this category. Thereafter through the impugned

order of 5.2.2005 (Annexure-22), the beneficiaries of the fraudulent process

were regularized.

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28. Likewise in Bongaigaon district, different list(s) of irregularly

appointed teachers were generated by falsely projecting the names in the list as

those identified by the Manoharan Committee and the task forces. But in reality,

the last regular appointment in Bongaigaon was made in the year 1993 and

since none in this district was identified to be a irregular appointee, it is obvious

that the regularization of beneficiaries in Bongaigaon district, couldn’t have been

based on the recommendation of Manoharan Committee. Therefore it is clear

that in this district also, so called list of irregularly appointed teachers were

generated.

29. The appointments in Bongaigaon and Karimganj districts in these

2 proceedings were made by ignoring the Statutory Rules. The decision of the

Government to regularize the service of the irregularly appointed teachers, was

taken advantage of by unscrupulous elements to regularise the service of those

who never participated in selection process. Moreover these beneficiaries were

not appointed through any competent appointment order. Therefore, the private

respondents can’t be put in the category of irregular appointees and it has to be

declared that their appointments are absolutely illegal. In such circumstances,

the State can’t invoke the powers under Article 162 of the Constitution to

regularize the service of people who were appointed through fraudulent

process. Here appointment orders were fabricated and fake appointment lists

were generated and there was no declaration by the Manoharan Committee

that the private respondents are in the category of irregular appointees. In such

backdrop having regard to the ratio of the Supreme Court decisions referred to

above, I feel that the petitioners have made out a case for judicial intervention.

Consequently the regularization of the respondent Nos. 8 - 132 in the WP(C)

No.2346/2008 is held to be unsustainable and it is declared accordingly by

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quashing the impugned orders. On the same reasoning, the

adjustment/appointment in Karimganj district of respondent Nos. 16 - 138 in the

WP(C) 7492/2005 are held to be illegal and consequently the impugned order

dated 5.2.2005 (Annexure-22) issued by the DEE, Assam is quashed. In view of

this conclusion the State is directed to ensure that their services are

discontinued forthwith.

30. The writ petitions are allowed accordingly.

JUDGE

Datta.