Page No.# 1/6 GAHC010009082015 2025:GAU-AS:2383 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/926/2015 BINDU BASHI MONDAL S/O LALMOHAN MONDAL VILL- BINUWAPUR P.O. KUMARI KATA DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:DISTRICT SCRUTINY COMMITTEE BAKSA TO BE REP. BY THE DEPUTY COMMISIONER-CUM-CHAIRMAN BAKSA. 4:THE BODOLAND TERRITORIAL COUNCIL TO BE REP. BY ITS PRINCIPAL SECRETARY KOKRAJHAR DIST. KOKRAJHAR ASSAM. 5:THE SECRETARY OF EDUCAITON BTC DIST. KOKRAJHAR Page No.# 2/6 ASSAM. 6:THE DIRECTOR OF EDUCATION BTC KOKRAJHAR ASSAM. 7:THE DEPUTY INSPECTOR OF SCHOOLS BAKSA P.O.MUSALPUR DIST. BAKSA BTAD ASSAM. 8:THE HEADMASTER OF LAKHINARAYANPUR L.P. SCHOOL NAMELY SRI DULAL CH. MITRA C/O KARTIK MITRA VILL- TARUNGAON P.O. KAULI DIST. BAKSA PIN - 781360 9:SRI DIAPANKAR DUTTA VILL- LAKHINARAYANPUR P.O. KUMARIKATA DIST. BAKSA ASSAM PIN - 781360. 10:THE SCHOOL MANAGING COMMITTEE OF LAKHI NARAYANPUR L.P. SCHOOL REP. BY ITS PRESIDENT VILL- LAKHI- NARAYANPUR P.O- KUMARIKATA DIST-BAKSA ASSAM PIN-781360 Advocate for the Petitioner : DR.B AHMED, MRA R BHUYAN,MR.M A I HUSSAIN,MR.A U AHMED Advocate for the Respondent : SC, ELEMENTARY EDUCATION, MR. S NATH (R-8,9),SC, BTC,MR.S DAS(R-8-9),MR.H A SARKAR(R-8-9),MR. S BHATTACHARJEE Page No.# 3/6 Linked Case : WP(C)/2006/2013 BINDU BASHI MONDAL S/O- LALMOHAN MONDAL VILL.- BINUWAPUR P.O.- KUMARI KATA DIST.- BAKSA ASSAM. VERSUS THE STATE OF ASSAM AND 8 ORS TO BE REP. BY ITS COMMISSIONER AND SECY. GOVT. OF ASSAM ELEMENTARY EDUCATION DISPUR GHY- 6. 2:DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GHY- 19. 3:THE DY. COMMISSIONER DIST.- BAKSA ASSAM. 4:THE BODOLAND TERRITORIAL COUNCIL TO BE REP. BY ITS PRINCIPAL SECY. KOKRAJHAR DIST.- KOKRAJHAR ASSAM. 5:THE SECRETARY OF EDUCATION BTC DIST- KOKRAJHAR ASSAM. 6:THE DIRECTOR OF EDUCATION BTC KOKRAJHAR ASSAM. 7:THE DY. INSPECTOR OF SCHOOLS BAKSA P.O.- MUSALPUR DIST.- BAKSA Page No.# 4/6 BTAD ASSAM. 8:THE HEADMASTER LAKHINARAYANPUR L.P. SCHOOL NAMELY SRI DULAL CH. MITRA C/O- KARTIK MITRA VILL.- TARUNGAON P.O.- KAULI DIST.- BAKSA PIN- 781360. 9:DIPANKAR DUTTA VILL.- LAKHINARAYANPUR P.O.- KUMARIKATA DIST.- BAKSA PIN- 781360. ------------ Advocate for : MR.M A I HUSSAIN Advocate for : SC BTC appearing for THE STATE OF ASSAM AND 8 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 06.03.2025 1. Heard Mr. A.U Ahmed, learned counsel for the petitioner. Also heard Mr. S Nath, learned counsel for the respondent Nos.8 and 9. 2. It is the case of the petitioner that the petitioner was serving as the 2nd Teacher since 20.03.1988 in Lakhinarayanpur LP School, a venture institute at that relevant point of time. According to the petitioner in the inspection report dated 17.08.1998, the Assistant SI of School had reflected the petitioner’s name in the staff list but his name has been excluded from provincialisation and instead, the name of Page No.# 5/6 respondent No.9 Shri Dipankar Dutta is incorporated as staff list at serial No.12. 3. With that grievance, the petitioner approached this court by filing WP(C) 2006/2013 and this court by an order dated 18.07.2014 after concluding that the facts raised in the writ petition are disputed questions of fact which can’t be determined in a writ petition. It was further provided that if the petitioner has any material to show that his service was not dispensed with in the year 2003 and/or the stand of the respondent is the product of forgery, it will be open for him to approach the Director Secondary Education, BTC by filing representation and it was also provided that in the event such approach is made, the authority shall examine the same and pass appropriate order. 4. Subsequent to this, the petitioner submitted a representation along with certain documents. The Director by its order dated 04.11.2014 concluded that though the petitioner was appointed on 20.03.1998, however, he served in the School till 2003 and thereafter remained absent. Accordingly School Management Committee of the School appointed said Dipankar Dutta (respondent No.9 in the earlier writ petition) on 02.01.2010 in place of the petitioner for running the school for greater interest of the children of the locality. 5. The Director further concluded that as the SMC, of a venture school is the sole authority and the petitioner and the respondent No.9 has been appointed and removed by the SMC concerned, the claim of the petitioner cannot be considered and accordingly, the claim of the petitioner for provincialisation under the Provincialisation Act, 2011 was Page No.# 6/6 rejected. 6. The present writ petition is filed assailing the aforesaid order of Director as well as another resolution dated 19.11.205 (annexure-8) which goes to show that the General Body Meeting held on 19.11.2005, the service of the petitioner was dismissed as Assistant Teacher of the School in question, for the reason that the petitioner was absent in his duty since last two years i.e., since 2003 and he did not attend classes despite issuance of notice to him. 7. This court is of the opinion that such decision of termination of the petitioner when the school was at the venture school cannot be entertained by this court inasmuch as, there is already a Tribunal in place to decide such dispute as regards provincialisation . 8. This court is also of the opinion that the Director has rightly decided that the issue of termination of service during the venture stage and taken by School Management committee cannot come within his jurisdiction. 9. Therefore, in view of the aforesaid, this court finds no merit in this writ petition and accordingly the same stands dismissed. JUDGE Comparing Assistant