Shashanka Roy and 22 Ors v. The State of Assam and 4 Ors

ORDER Date : 08.11.2024 (Vijay Bishnoi, CJ)

This writ appeal has been filed by the appellants being aggrieved with the order dated 16.11.2022, passed by the learned Single Judge in WP(C)/5942/2022, whereby the writ petition filed on behalf of the appellants has been dismissed, mainly on the ground of delay. The brief facts of the case are that the in the year 1992, a scheme was floated by the Welfare of Tribal & Backward Classes (WPT & BC) Department (now named as Social Justice & Empowerment Department) to provide for an amount of Rs. 10,34,000/- (Ten Lakh Thirty-Four Thousand Rupees) to be distributed for payment of stipends to 94 nos. of stipendiary teachers who belongs to Schedule Caste category. It appears that an association namely, Karimganj District Anusuchit Jati Parishad, claiming to be raising concern of the Schedule Caste persons of the area, has preferred Civil Rule No. 1221/1993, raising a concern that though as per the scheme the amount of Rs. 10,34,000/- was meant for stipendiary teachers of Schedule Caste community, but, the State is disbursing the said funds to the persons belonging to Non-Schedule Caste category. The Civil Rule No. 1221/1993 was disposed of by the learned Single Bench of this Court vide the order dated 13.11.1996, directing the State Government not to make payment meant for the stipendiary teachers belonging to the Schedule Caste category to the stipendiary teachers belonging to the Non-Schedule Caste category. Thereafter, the same association has again preferred WP(C)/2407/2001, raising the grievance that the State Government is filling the posts of stipendiary teachers Page No.# 9/10 meant for Schedule Caste category by appointing Non-Schedule Caste category person. In that writ petition, interim order was passed in WP(C)/2407/2001 on

02.04.2001, whereby the learned Single Bench of this Court had directed that 84 posts meant for Schedule Caste candidates of Karimganj Sub-division shall not be filled up by Non-Schedule Caste candidates. Later on, the writ petition No. 2407/2001 was disposed of by the Single Bench of this Court vide order dated 28.07.2005 by making the interim order dated 02.04.2001, absolute. Thereafter, again the same association has preferred WP(C)/1785/2012, raising a grievance that the amounts so sanctioned under the scheme was for disbursement among the 94 nos. of stipendiary teachers who belongs to Schedule Caste category but, the respondents are disbursing it to 84 nos. of persons who are Non-Schedule Caste candidates. The learned Single Judge of this Court had disposed of the said writ petition too vide order dated 10.05.2022, directing the WPT & BC Department to provide the petitioners' association with the list of persons who were the beneficiaries of an amount of Rs. 10,34,000/-, which was earmarked for the persons belonging to Schedule Caste category, liberty was granted to the petitioner association to examine the said list and if they find that any such person who do not belong to SC/ST category, but, is the beneficiary of the said stipendiary amount, appropriate representation be made to the concern department for paying the proportionate amount to any stipendiary teachers belonging to SC category in the Karimganj District. Thereafter, in the year 2022, the petitioners have preferred a writ petition with a prayer that their writ petition has been disposed of in terms of the order dated

10.05.2022, passed in WP(C)/1785/2012 and also prayed that the respondents be directed to provide appointment to them as stipendiary teachers. The learned Single Judge, after taking into consideration the facts and circumstances of the case had dismissed the writ petition mainly on the ground of Page No.# 10/10 delay, as well as on the ground that the 84 nos. of stipendiary teachers, who are Non-Schedule Caste candidates and were appointed decades before, has not been made party and therefore, no such relief as prayed for in the writ petition can be granted. Having heard the learned counsel appearing for the appellants and after going through the materials available on record, more particularly, taking into consideration of the fact that the appellants have approached this Court after an inordinate delay which is not at all been explained and the learned Single Judge of this Court had passed the order dated 10.05.2022, in the writ petition preferred on behalf of the said association in the year 2012, we are of the view that the appellants are not entitled to get a similar order passed in their favour. Apart from that the relief granted by the learned Single Judge in the order dated

10.05.2022, to the petitioners, cannot be granted to the appellants because; it is an admitted fact that the appellants had never been appointed as stipendiary teachers at any point of time. So, there is no question of paying them stipendiary amount out of the amounts sanctioned by the State Government way back in the year 1992. Hence, we do not find any force in this writ appeal and accordingly, the same stands dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/10 GAHC010232642023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/250/2024o SHASHANKAoROYoANDo22oORSo S/O-oLATEoKALIDASoROY,oR/O-oVILLAGE-oNAYAGRAM,oP.O.-oDHALIBILL,o P.S.-oR.K.oNAGAR,oPINoCODEo788166,oDISTRICT-oKARIMGANJ,oASSAM. 2:oNABENDUoROY oS/O-oLATEoNANIGOPALoROY o R/O-oVILLAGE-oMIRJANAGAR o P.O.oJANAKALYANoBAZAR oP.S.oKARIMGANJ oPINoCODE-o788720 oDISTRICT-oKARIMGANJ 3:oRANJANoKANTIoROY oS/O-oLATEoRASAMOYoROY o R/O-oVILLAGEoRATABARI o P.O.-oBARIJALA o P.S.oRATABARI o oASSAM.oPINoCODEo-o788734. 4:oHIMANGSHUoROY oS/O-oSRIoHARAMOHYANoROY o R/O-oVILLAGEoANDoP.O.-oBARUJALA o P.S.oRATABARI oPINoCODE-o788734 PageoNo.#o2/10 oDISTRICT-oKARIMGANJ 5:oKALPANAoROY oC/O-oLATEoKOKILoCHANDRAoROY o R/O-oVILLAGEoANDoP.O.-oBARUJALA o P.S.oRATABARI oPINoCODE-o788734 o 6:oSHIPRAoRANIoROY oC/O-oASHUTOSHoROY o R/OoVILLAGEoANDoP.O.oKARIMGANJ o oASSAM.oPINoCODE-o788710. 7:oPURABIoSARKAR oC/O.oLATEoPROMODHoCHANDRAoSARKAR o R/O-oVILLAGEoANDoP.O.-oANIPUR o P.S.-oRATABARI oPINoCODE-o788734 o 8:oSANTAoRANIoNAMASUDRA oC/O-oSRIoSADANoNAMASUDRA o R/O-oVILLAGEoANDoP.O.-oBHATGRAM o PINoCODE-o788710. 9:oDULUoBHUSHANoROY oS/O.oLATEoSUKHLALoROY o R/O-oVILLAGEoANDoP.O.oBARUALA o P.S.-oRATABARI oPINoCODE-o788734 o PageoNo.#o3/10 10:oNABENDUoROY oS/O-oLATEoNAGENDRAoCHANDRAoROY o R/O-oVILLAGEoANDoP.O.oBARUALA o P.S.oRATABARI oPINoCODE-o788734. 11:oRANJUoROY oS/O-oLATEoRAIMOHANoROY o R/O-oVILLAGEoKHAGAIL o P.O.-oCHATAL oP.S.-oKARIMGANJ o PINoCODE-o788720. 12:oNIRANJANoROY oS/O-oLATEoSURENDRAoROY o R/O-oVILLAGEoKURIKALA o P.O.oBARUALA oP.S.oRATABARI o oASSAM.o PINoCODE-o788734. 13:oSUDHANGSHUoDASo@oHIMANGSHUoDAS oS/O-oLATEoSUKESHoDAS o R/O-oVILLAGEoJARAIBARI o P.O.oGOBINDAGANJoBAZAR o P.S.oRATABARI oPINoCODE-o788734 o 14:oHARENDRAoNAMASUDRA oS/O-oLATEoBISHNUoCHANDRAoNAMASUDRA PageoNo.#o4/10 o R/O-oVILLAGE-oPADMARPARA o P.O.oANDoP.S.-oR.K.oNAGAR o oASSAM.o PINoCODE-o788166. 15:oMOLOYoROY oS/O-oLATEoMADHURAMoROY o R/O-oNAYAGRAM oP.O.-oDHALIBILL o PINoCODE-o788166 o 16:oPRADIPoDAS oS/O-oLATEoPULINoBIHARIoDAS o R/O-oVILLAGEoNALARPAR o P.O.oBARUALA oP.S.-oR.K.oNAGAR o PINoCODE-o788734 o 17:oASIToNAMASUDRA oS/O-oLATEoRAJKUMARoNAMASUDRA o R/O-oVILLAGE-oNABINGRAM o P.O.-oANILGARH o P.S.-oR.K.oNAGAR o PINoCODE-o788166 o 18:oCHANDANoRAY PageoNo.#o5/10 oS/O-oPROHLADoRAY o R/O-oVILLAGEoSONAPUR o P.O.-oOLIBIAoCHERRA o P.S.-oRATABARI o 19:oDEBOBRATAoRAY oS/OoPRAHLADoRAY o R/O-oVILLAGEoSONAPUR o P.O.-oOLIBIACHERRA o P.S.-oRATABARI o 20:oSANJIBoMALLICK oS/O-oJOGENDRAoMALLICK o R/O-oVILLAGEoKADAMTALA o P.S.-oR.K.oNAGAR o oASSAM.o PINoCODE-o7887166 21:oRANJIToNAMOoSUDRA oR/O-oVILLAGEoKADAMTALA o P.S.oR.K.oNAGAR o 22:oRAMANDUoNAMOoSUDRA oR/O-oVILLAGEoKADAMTALA o P.S.oR.K.oNAGAR o PageoNo.#o6/10 23:oSATYAoRANJANoDAS oS/O-oLATEoRABICHARANoDAS o R/O-oVILLAGEoNAYANOBIN o P.O.-oFAKUAGRAM o P.S.-oKALIBARI o 24:oATISToLALoDAS oS/O-oLATEoBISHNUoDAYALoDAS o R/O-oVILLAGE-oKAYANPUR o P.O.-oGAMARI oP.S.oKALIBARI o 25:oRAMoCHANDRAoDAS oS/O-oRAJENDRAoDAS o R/O-oVILLAGEoSHALIAoNAGAR o P.O.-oANILNAGAR o P.S.-oR.K.oNAGAR o oASSAM.o PINoCODE-o7887156. 26:oSADHANAoROY oD/O.oHAROMOHANoROY o R/O-oVILLAGEoANDoP.O.-oBARUALA o P.S.-oRATABARI o oASSAM.o PINoCODEo Page No.# 7/10 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 3:THE DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT- KARIMGANJ ASSAM PIN- 788710. 4:THE DIRECTOR OF SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT GOVT. OF ASSAM LAKHI MANDIR BELTOLA GUWAHATI-781028 ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ P.O AND P.S KARIMGANJ DISTRICT KARIMGANJ ASSAM PIN 788710 Advocate for the Petitioner : MS SUPRIYA DASGUPTA, MR. N DHAR,MR B MALAKAR,MS.SHOMA DASGUPTA Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, WPT AND BC,MR R M DAS, ADV. (R-4