Diganta Biswas vs State Of Assam And 5 Ors

Heard Mr. N Haque, learned counsel for the petitioner. Also heard Mr. N Khataniar, learned counsel for the respondents No.1, 3, 4 and 6 being the

authorities under the Elementary Education Department and Mr. G Pegu, learned counsel for the respondents No.2 and 5 being the authorities under

the SLC and DLC respectively.

Issue notice, returnable by six weeks.

Extra copies of the writ petition be served on the learned counsel for the respondents within three days.

The father of the petitioner died in harness on 10.12.2008 and on his death the petitioner submitted an application for compassionate appointment on

01.02.2009. The petitioner was appointed after being recommended by the SLC in its meeting of 01.04.2014. We have taken note of that the

recommendation by the DLC made in favour of the petitioner was in the meeting dated 10.08.2011.

Subsequently, there was a dispute as regards the recommendation of the DLC of Lakhimpur district in its meeting of 16.03.2013. Two lists were in

circulation of the DLC meeting dated 16.03.2013. In one list four candidates were recommended, namely, Sri Jiten Boruah, Smti Parismita Dutta, Sri

Mintu Gogoi and Sri Tushil Chetia. In another list also of 16.03.2013, fourteen candidates were recommended, namely, Sri Abhijit Bharali, Sri Amrit

Handique, Sri Bolin Rajkhowa, Smti Tulika Hatiboruah, Sri Deni Dutta, Smti Niharika Arandhara, Sri Madhab Misra, Sri Nulim Hazarika, Sri Biswajit

Gogoi, Sri Jitu Borah, Sri Jugananda Sarmah, Smti Sangita Chutia, Sri Abhilash Sarmah, Sri Hemanta Baruah.

An issue of there being a fake DLC recommendation came up before this Court in WP(C)No.2530/2017 and WP(C)No.2531/2017 wherein in a

common order dated 01.09.2017, the list containing fourteen candidates was held to be not genuine. The order dated 01.09.2017 was also upheld by

the Division Bench of this Court in WA No.302/2017 and WA No.303/2017. Following the judgment, another order was passed by this Court dated

28.05.2018 in WP(C)No.278/2017 and other writ petitions. In the said order of 28.05.2018 relief was granted in favour of the candidates whose names

were included in the genuine recommendation of the DLC dated 16.03.2013 by requiring the respondents to examine the cases of the candidates

included in the non-genuine recommendation of 16.03.2013 under the law laid down in Achyut Ranjan Das Vs. State of Assam & Ors. reported in

(2006) 4 GLT 674 and Faziron Nessa Vs. State of Assam & Ors. reported in (2010) 4 GLT 340. We are to understand that even in respect of the

candidates included in the non-genuine list, the Court had provided for further examination of their cases as per the law laid down in the aforesaid two

cases.

In the aforesaid circumstance, the order dated 14.06.2021 of the Additional Secretary to the Government of Assam, Elementary Education

Department was communicated to the Director of Elementary Education Assam to terminate the services of some of the teachers who had been

appointed on compassionate ground on the basis of fake DLC list and for the purpose, the order dated 28.05.2018 in WP(C)No.278/2017 and other

writ petitions were referred. In the said order of 14.06.2021, the name of the petitioner Diganta Biswas is also included, meaning thereby, that there is

a decision of the respondent authorities to terminate the service of the petitioner Diganta Biswas. Apparently, the reason for arriving at such a

decision is that Diganta Biswas was a beneficiary of a fake recommendation of the DLC.

We have perused the list of the fourteen candidates included in the fake DLC recommendation dated 16.03.2013 as well as the name of the

respondents in WP(C)No.278/2017 and other writ petitions. The name of the petitioner Diganta Biswas appears neither in the list of fourteen

candidates in the fake DLC resolution nor he is included as respondent in WP(C)No.278/2017 and other writ petitions. In the circumstance, we are of

the prima facie view that the reason given in the order dated 14.06.2021 to terminate the services of the petitioner would be inapplicable in the case of

the petitioner.

On a prima facie case being made out and also considering the balance of convenience and irreparable loss that the petitioner may suffer, the effect

of the decision to terminate the services of the petitioner Diganta Biswas contained in the communication dated 14.06.2021 of the Additional Secretary

to the Government of Assam, Elementary Education Department shall remain stayed until further order(s).

List after six weeks.