- (1.)MR . Azim H. Laskar appearing for the State of Assam in SLP(C) No. 4340 of 2012 is directed to appear for the Respondent -State in this matter also. Leave granted. Mr. Amarendra Sharan, learned senior Counsel submitted that even at the time when the impugned order dated 25th January, 2012 was passed all the eligible OBB teachers of the Lower Primary/Upper Primary schools within the area of the Appellant -Council were regularised, however, the Division Bench of the High Court prohibited the Appellant -Council from completing the process of selection initiated in the year 2005 in the Middle and Primary schools of its four districts as referred to in its letter dated 24th January, 2011 and 28th January, 2011. In the light of the said prohibition, imposed by the High Court, we find that for want of teachers the pupil are suffering and the education process is seriously affected. The counsel for the State of Assam has brought to our notice a final order passed by the Division Bench of the High Court dated 1st October, 2013 wherein it has been noted that all the OBB Teachers who were appointed on ad hoc basis were also regularised by the Government and even the service of dropped teachers was also regularised. In fact taking note of the said order passed by the Division Bench on 1st October, 2013, we have already disposed of SLP(C) No. 4340 of 2012 preferred by the State of Assam. In the light of the said development, we do not find any justification at all for the prohibition imposed by the High Court in restraining the Appellant from proceeding with the selection process initiated in regard to the selection of the year 200S as stated in its communication dated 24th January, 2011. It is also necessary to state that even as of 2012, the Appellant is stated to have already regularised all the eligible OBB teachers of the lower Primary/Upper Primary schools situated within its area.
(2.)LEARNED senior Counsel, Mr. Sharan, also pointed out that the entire selection process has also been completed and the list is also ready for publication pursuant to our interim direction dated 10th May, 2012 passed in this appeal by way of especial leave. The only impediment seems to be the want of approval by the S.I.U. of the Finance Department of the State of Assam.
Having regard to the fact that for want of teachers, the education of the tiny tots is seriously prejudiced, we are convinced that the Appellant should be allowed to proceed with the implementation of the selection process already concluded pursuant to its letters dated 24th January, 2011 and 28th January, 2011. Therefore, while setting aside the order impugned in this appeal and allowing the Appellant to seek for approval of SIU of the State of Assam, we direct the State of Assam, to process the Appellant -Council's claim for such approval expeditiously and pass orders within two months from the date of production of a copy of this order. The appeal stands allowed in the aforesaid terms.