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Judgment
Heard Mr. M.U. Mondal, learned counsel for the petitioners. Also heard Mr. N. Sarma, learned standing counsel for the respondents.
The twelve petitioners herein were all appointed as Additional Third Teachers in their respective schools during the years 2006, 2007 and 2008.
All the petitioners were appointed against the additional sectional posts and since their appointment, they are all working till date to the satisfaction
of all concerned. The petitioner No.1 is stated to be working at Dakhin Debotter Hasdaha M.E. School since 25.10.1999 and approved on
27.08.2007. Similarly, the petitioner No.2 has been working at Khatamari M.E. school since 18.03.2008, which has been approved on
11.03.2008, petitioner No.3 has been working at Basirul Memorial M.E. school w.e.f. 11.03.2008, petitioner No.4 has been working at Baruar
Bhita Girls M.E. Madrassa w.e.f. 12.03.2008, petitioner No.5 has been working at Beparipara M.E. school w.e.f. 26.03.2006, the petitioner
No.6 has been working at Lalkura M.E. school w.e.f. 04.02.2008, the petitioner No.7 has been working at Pachim Debotter Hasdaha M.E.
school w.e.f. 25.01.2007, the petitioner No.8 has been working at Debotter Hasdaha M.E. Madrassa w.e.f. 17.09.2007, the petitioner No.9 has
been working at Madheb deb M.E. school. W.e.f. 10.06.2010, the petitioner No.10 has been working at Kismet Hasdaha M.E. school w.e.f.
06.09.2007, the petitioner No.11 has been working at Jogipara M.E. school w.e.f. 26.10.2007 and the petitioner No.12 has been working at
Kheksialy M.E. school w.e.f. 15.03.2006.
A guideline was issued under the signature of Commissioner & Secretary to the Govt. of Assam incorporating a scheme called ?Financial
Assistance to Venture Educational Institution?. The grievance of the petitioners is that the names of the petitioners were not included in the list of
teachers prepared by the authorities for payment of financial assistance under the aforesaid scheme. It is the contention of the petitioners that as
they were working in the respective schools and their appointments were approved in the year 2006, 2007 and 2008, therefore, they are entitled
for such financial assistance and their names ought to have included in the list of teachers for the financial assistance.
It is noticed that the claim of the petitioners is virtually a claim for being included in the list of teachers of their respective schools for the purpose
of grant of the financial assistance. As the schools in question were in a venture stage at that point of time, in order to agree to the claim of the
petitioners, the decision as regards their conditions of service in the respective venture educational institutions also have to be determined. As per
the Full Bench decision of this Court dated 19.03.2015 in WP(C) No.4612/2011 and other writ petitions, the service matters pertaining to the
venture educational institutions have been ordered to be decided by the Educational Tribunal to be constituted for the purpose. Subsequently, by a
notification dated 03.12.2015, the Educational Tribunals in the respective districts have been constituted.
In view of the aforesaid, it is deemed appropriate that ends of justice would be met, if the writ petitioners make their respective claims before
the Educational Tribunal of Dhubri district by filing application. Upon the application being filed before the Educational Tribunal, Dhubri, the
Tribunal shall pass appropriate order on the claim of the petitioners for being included in the list for payment of financial assistance as claimed in the
writ petition.
In terms of the above, this writ petition stands disposed