J B Hagjer College Jr vs State Of Assam And 5 Ors

Heard Mr. K. H. Khandakar, learned counsel for the petitioner. Also heard Mr. K. Goswami, learned Standing Counsel for the N.C. Hills

Autonomous Council and Mr. B. Gogoi, learned Standing Counsel for the Finance Department as well as Mr. S. P. Bhattacharjee, learned Standing

Counsel for the Secondary Education Department.

The petitioner, JB Hagjer Junior College at Umrangso Dima Hasao District was given the concurrence up to (+2) stage Higher Secondary Level in

Arts stream by the Principal Secretary of the Dima Hasao North Cachar Hills Autonomous Council as per the order dated 05.10.2012.

In this writ petition, the relief sought for by the petitioner Junior College is that the concurrence given by the Principal Secretary of the Autonomous

Council be accepted by the respondent No. 3 i.e., the Director of Secondary Education Department, Assam.

Mr. K. H. Khandakar, learned counsel for the petitioner contends that education being a transferred subject and the authority in the KAAC having

given the required concurrence, it is incumbent upon the Director of Secondary Education to accept the same and give his concurrence.

Mr. S. P. Bhattacharjee, learned Standing Counsel for the Secondary Education Department on the other hand contends that although education is

a transferred subject, but under the Notification dated 25.09.1995 of the Government of Assam in the Hill Areas Department, only the executive

power of the Government of Assam had been extended to the Autonomous Council, which by implication provides that the financial power had not

been so extended.

As the grant of concurrence by the Director would also involve a financial implication, therefore the view of the Finance Department would also be

necessary.

In other words it is the contention of the respondents in the Secondary Education Department that the concurrence granted by the authority in the

Autonomous Council does not on its own requires that the Director of Secondary Education would necessarily have to grant his concurrence. It has

been brought to the notice of the Court that by the communication dated 10.06.2014, the Additional Director of Education (Hills) of the Government of

Assam had forwarded the concurrence granted by the Autonomous Council to the Additional Chief Secretary to the Government of Assam in the

Education Department for his consideration. But on a perusal of the said communication of 10.06.2014, it is noticed that the communication nowhere

mentions the concurrence given by the Principal Secretary of the Autonomous Council as per the order dated 05.10.2012. On the other hand the

communication of 10.06.2014 informs the Government of Assam as regards two colleges, including the petitioner college and seeks to justify as to

why the employees of the said college are to be provincialised. Accordingly, a request was made to the Government of Assam to look into the matter

and take a decision is on the matter of provincialisation.

In the aforesaid circumstance, as it cannot be said that the Director of Secondary Education, Assam is mandatorily required to grant the

concurrence up to the +2 Higher Secondary stage in Arts streams in respect of the petitioner college, as against concurrence granted for the purpose

by the Principal Secretary of the Council, it is deemed appropriate that the interest of justice will be met if the petitioner college makes a

representation to the Director of Secondary Education, Assam with a request to consider the grant of concurrence to the petitioner college, by bringing

on record the order dated 05.10.2012 of the Principal Secretary of the Council.

In the event such representation is filed by the petitioner college requesting the Director to grant his concurrence to the concurrence given by the

Principal Secretary of the Autonomous Council as per order dated 05.10.2012, the Director shall give a due consideration to the same as per law and

pass a reasoned order thereon. In giving such consideration, the Director shall also consult with the Finance Department of the Government of Assam,

if their views are also required for the purpose of granting the concurrence.

The aforesaid be done by the Director of Secondary Education, Assam within a period of 2(two) months from the date of submission of the

representation by the petitioner. In terms of the above, this writ petition stands disposed of.