Page No.# 1/7 GAHC010266062024 2026:GAU-AS:1144 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6771/2024 JANI GOGOI W/O SRI BRITISH PHUKAN, RESIDENT OF VILLAGE MAKUM, PO AND PS MAKUM, DIST. TINSUKIA, ASSAM 786170 VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR GUWAHATI 781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 3:THE DIRECTOR OF STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING (SCERT) ASSAM KAHILIPARA GUWAHATI 19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) TINSUKIA ASSAM 786125 5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) HAPJAN TINSUKIA ASSAM 786170 6:THE PRINCIPAL OF BASIC TRAINING CENTRE (BTC) SONARI DIST. CHARAIDEO ASSAM 785690 Page No.# 2/7 7:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 78100 Advocate for the Petitioner : MR N SARMA, Advocate for the Respondent : SC, ELEM. EDU, SC, SCERT, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 29-01-2026 Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned standing counsel, Elementary Education, Assam appearing for the respondent Nos. 1, 2, 4, 5 & 6, Mr. S. Bora, learned counsel representing respondent No. 3 and Mr. B. Gogoi, learned standing counsel, Finance Department, Assam appearing on behalf of respondent No. 7. 2. As consented to by the learned counsel for the parties, the present writ petition is being taken up for disposal at the stage of admission hearing. 3. The petitioner in the present proceeding has presented a challenge to an order dated 12-02-2024 issued by the Secretary to the Govt. of Assam, Department of School Education by which holding the Junior Basic Training Certificate furnished by the petitioner to be not genuine, direction was issued to the Director of Elementary Education, Assam to terminate the services of the petitioner, herein. The petitioner has also challenged the order dated 10-06-2024 issued by the Director, Elementary Education, Page No.# 3/7 Assam terminating the services of the petitioner, herein. The petitioner, herein, was appointed as an Assistant Teacher in the Bandarkhati LP School in Tinsukia district vide an order dated 30-06-1995. The petitioner was thereafter vide an order dated 22-04-2023 deputed for undergoing Junior Basic Training. The petitioner was so deputed to undergo the said training at the Basic Training Centre (BTC), Sonari. The petitioner in the writ petition has projected that she had undergone the said training and completed the same in the month of December, 2003 and the Principal, BTC, Sonari had vide order dated 31-12-2003 released the petitioner from the Training Centre to facilitate her joining in her school. The petitioner further projects that the Principal of the Training Centre vide certificate dated 10-04-2004 had certified that the petitioner was a regular trainee at BTC, Sonari and had cleared the 08 months primary teachers training course final examination held in the month of December, 2003 with Grade-B, the results of which were declared on 05-03-2004. The petitioner had participated in a screening process as put in place in respect of teachers who were not in receipt of salaries regularly. Upon completion of the said screening process in the list of teachers for Tinsukia district who had received salary and undergone Junior Basic Teachers Training, the petitioner’s name figured at Sl. No. 23. The name of the petitioner also figured in another list published in respect of Tinsukia district of teachers who had not undergone Junior Basic Teachers Training course. However, upon completion of the said screening process, the Director, Elementary Education, Assam vide order dated 31-01-2021 accommodated the petitioner as an Assistant Teachers at Bandarkhati LP School and had authorized to her a scale of pay w.e.f. 01-01-2020. Page No.# 4/7 The school wherein the petitioner was accommodated came to be amalgamated with another school, accordingly, the petitioner was directed to join at Hukanguri N-Gaon LP School. The petitioner continued to receive her salaries for 05 (five) months w.e.f. 01- 11-2020, however, the salaries w.e.f. the month of March, 2021 was stopped without any notice. Thereafter, allegations having come on record against the petitioner of having not cleared the Basic Training Course, enquiries came to be made in the matter. The Director of SCERT, Assam had also submitted a report in the matter, wherein, it was stipulated that there were no records available at the Examination Branch of SCERT, Assam pertaining to the petitioner undergoing the 08 (eight) months Primary Teachers Training Course w.e.f. May to December, 2003 from the BTC, Sonari. Basing on the said materials coming on record, the Director, Elementary Education, Assam proceeded to institute a Departmental Proceeding against the petitioner vide issuance of a show-cause notice dated 28-12-2021. In the show-cause notice, it was alleged against the petitioner that the provisional pass certificate of the Primary School Teachers Training Course as furnished by the petitioner was found to be not authentic and accordingly, she was charged of fraudulence and illegally acquiring appointment by producing fake and fraudulent documents. The petitioner responded to the said show- cause notice. The show-cause reply submitted by the petitioner in the matter was forwarded by the Director, Elementary Education, Assam, to the School Education Department vide communication dated 04-08-2022. The Secretary to the Govt. of Assam, School Education, thereafter, vide order dated 12-02-2024 proceeded to conclude that the training pass certificate as produced by the petitioner, basing on which she was Page No.# 5/7 accommodated as a teacher, was not genuine and accordingly, directed the Director, Elementary Education, Assam to cancel the appointment of the petitioner. In pursuance to the said order dated 12-02-2024, the Director, Elementary Education, Assam proceeded vide order dated 10-06-2024 to cancel the appointment order issued in respect of the petitioner with immediate effect. Being aggrieved the petitioner has instituted the present writ petition. 4. I have heard the learned counsel for the parties and also perused the materials available on record. 5. The facts noticed hereinabove are not in dispute. The allegation of mis-conduct as emanating in the matter against the petitioner led to the issuance of the show-cause notice dated 28-12-2021, initiating a departmental proceeding against her. Materials brought on record does not indicate that the procedure under Section 9 of the Assam Service (Discipline & Appeal) Rules, 1964 (in short “the Rules of 1964”) was followed after the petitioner had submitted her written statement to the said show-cause notice. The Secretary to the Govt. of Assam, School Education vide order dated 12-02-2024 while proceeding to hold the Primary Teachers Training Course pass certificate as produced by the petitioner to be not genuine and basing, thereon, directing the Director to cancel the appointment of the petitioner, had not brought on record that a due enquiry in the matter was conducted in terms of the provisions of Rule 9 of the Rules of 1964. The departmental proceeding having been initiated against the petitioner, the respondent authorities are duty bound to conduct the same in accordance with the provisions of the said Rules of 1964. The said procedure not having been followed in the present matter in Page No.# 6/7 respect of the petitioner, this Court is of the considered view that the order dated 12-02- 2024 and the consequential order dated 10-06-2024 passed by the Director, Elementary Education, Assam is not sustainable. Accordingly, the orders dated 12-02-2024 passed by the Secretary to the Govt. of Assam, Department of School Education and dated 10-06- 2024 cancelling the appointment of the petitioner passed by the Director, Elementary Education, Assam stands set aside. 6. The interference made by this Court with the impugned orders having been so made on the ground that the same were so issued without affording an opportunity of being heard to the petitioner and also the respondents having not conducted any departmental proceeding in accordance with provisions of the Rules of 1964, this Court directs the respondent authorities to conduct a departmental proceeding against the petitioner in terms of the show-cause notice dated 28-12-2021 by strictly following the procedure as mandated under the provisions of the Rules of 1964. The impugned orders having been interfered with, it would be open to the respondents to consider as to whether there is necessity to place the petitioner under suspension and, thereafter, to issue appropriate orders in this connection to the petitioner. The proceeding now directed to be conducted in the matter shall be so initiated and completed within a period of 06 (six) months from the date of receipt of a certified copy of this order. The pay and allowances of the petitioner both, i.e. arrears prior to 10-06-2024 and the pay and allowances w.e.f. 10-06-2024 shall be considered basing on the outcome of the proceeding now directed to be conducted in the matter against the petitioner, herein. In the event, the petitioner is placed under suspension she would be entitled to the due Page No.# 7/7 subsistence allowance which will be released to her without delay by the respondent authorities. 7. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant