Page No.# 1/4 GAHC010014312024 2025:GAU-AS:373 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/413/2024 RABIN BORAH S/O- LATE BHUGESWAR BORAH, R/O- VILL.- NILAKH SUNDARPUR, P.O. NILAKH CHARIALI, P.S. SILAPATHER, DIST. DHEMAJI, ASSAM, PIN- 787110. VERSUS 1: THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6. 2:THE DIRECTOR ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-19. 3:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE DIST. DHEMAJI ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) DIST. DHEMAJI ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER (DEEO) DIST. DHEMAJI ASSAM 6:RAJIB KONWAR S/O- LATE TANKESWAR KONWAR R/O- SANTIPUR KONWAR GAON P.O. RAMYAPUR P.S. SILAPATHAR DIST. DHEMAJI ASSAM PIN- 787110 Advocate for the Petitioner : MR. M H LASKAR, MR. S ROY,M. HOSSAIN Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR Date : 10.01.2025 The present writ petition has been instituted assailing an order dated 15.09.2023 passed by the Secretary to the Government of Assam, Department of School Education, whereby the appeal so filed by the petitioner has been dismissed. Being aggrieved by denial to him the benefit of provincialisation of his services, the petitioner had approached this Court by way of instituting WP(C) No.2505/2021. This Court, vide order dated 26.07.2023, had disposed of the said writ petition directing the petitioner herein to file an appeal before the Secretary to the Government of Assam, Department of School Education within the time frame prescribed therein and the Secretary to the Government of Assam, Department of School Education was directed to consider the said appeal after giving an opportunity of hearing to both the petitioner as well as the respondent No.6 herein and thereafter to pass an appropriate order. The Secretary to the Government of Assam, Department of School Education thereafter, on consideration of the matter, had vide his order dated 15.09.2023 disposed of the appeal so filed by the petitioner inter alia holding therein that the name of the petitioner having not been recommended by the jurisdictional District Scrutiny Committee, no further steps could be taken in the matter by the appellate authority. The appeal memo as filed by the petitioner before the Secretary to the Government of Assam, Department of School Education has been placed before this Court by the learned counsel for the petitioner. On perusal of the said appeal memo, it is seen that the petitioner had Page No.# 3/4 contended therein that his name was duly recommended as the second senior- most teacher of the School by the District Scrutiny Committee. However, the authorities had not reckoned such recommendation made by the District Scrutiny Committee in the matter and the name of the respondent No.6 came to be recommended for provincialisation of his services. This Court having required the Secretary to the Government of Assam, Department of School Education to consider the appeal as submitted in the matter, the Secretary could not have refused to consider the said appeal on merits only on the ground that the name of the petitioner was not recommended by the jurisdictional District Scrutiny Committee. An appellate authority is required to examine the grievance raised before it on merits and, on examining the contemporaneous records, is required to arrive at a conclusion as to whether the grievance raised before him in the appeal merits acceptance or not. However, the said exercise is found not to have been taken recourse to by the appellate authority while disposing of the appeal preferred by the petitioner herein. In the event the name of the petitioner was not so recommended by the District Scrutiny Committee, it was the bounden duty of the Secretary to the Government of Assam, Department of School Education to refer the matter to the State Level Scrutiny Committee for its consideration in terms of the provisions of Section 14 of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. In view of the above position, the order dated 15.09.2023 passed by the Secretary to the Government of Assam, Department of School Education stands set aside. The Secretary to the Government of Assam, Department of School Education shall reconsider the appeal dated 03.08.2022 preferred by the Page No.# 4/4 petitioner before him in terms of the directions passed by this Court vide order dated 26.07.2023 in WP(C) No.2505/2021 and thereafter pass a speaking order in the matter. In the event it is found that the name of the petitioner has not been recommended by the District Scrutiny Committee, the said appeal shall be placed before the State Level Scrutiny Committee for its consideration. The State Level Scrutiny Committee in the event of such appeal being placed before it, shall consider the matter by examining the contemporaneous record and also providing an opportunity of hearing to the petitioner as well as the respondent No.6 herein. The Secretary to the Government of Assam, Department of School Education and/or the State Level Scrutiny Committee shall consider the said appeal filed by the petitioner in terms of the directions passed hereinabove and pass a speaking order in the matter within a period of 3(three) months from the date of receipt of a representation from the petitioner in this connection along with a certified copy of this order. With the above observations and directions, the writ petition stands disposed of. J U D G E Comparing Assistant