KRIPA NATH SARMAH AND ORS. Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THESE eight petitions are filed on behalf of the teachers of the primary schools against the order of the discharge from service of the Petitioners by the Secretary of the School Board. In some of the cases the order has been passed by the Assistant Secretary, State Board constituted under the provisions of the Assam Elementary Education Act, 1962 -Assam Act No. XXX of 1962 (hereinafter called 'the Act').

(2.) MAINLY the point raised by the Petitioners in these cases is that the Secretary, School Board or the Assistant Secretary, State Board constituted under the Act had no authority under the Act to terminate the services of the Petitioners. It was secondly contended that the Petitioners are holding civil posts under the State and thus their discharge was in violation of the provisions of Article 311(2) of the Constitution. In regard to the second point raised two questions have been canvassed before us. Firstly, it is urged by the Petitioners that though under the Act the Petitioners' service is taken over by the State Board which is an incorporated body under the statute, in effect it is a department of the State of Assam. Secondly, it is urged that the Petitioners were permanent employees and thus the termination of their services prima facie constituted their dismissal within the meaning of Article 311 of the Constitution. Even in the cases where the appointment was temporary, as they were discharged from service on the ground that they did not possess the necessary educational qualification prescribed by the School Board, their dismissal was on the ground of inefficiency and thus they were entitled to a reasonable opportunity under Article 311(2) of the Constitution, which admittedly was not given to the Petitioners.

(3.) IN the year 1947 the State of Assam passed an Act known as the Assam Primary Education Act, 1947 (Assam Act 13 of 1947) with a view to make provision for the development of the primary education in the State. This Act was repealed by the Assam Basic Education Act, 1954 (Assam Act 26 of 1954). The preamble of the Act of 1954 shows that it was passed with a view to provide for development, expansion, management and control of basic education and with a view to introduce gradually universal, free and compulsory basic education in the State. Section 2(4) of the Assam Basic Education Act, 1954 (hereinafter called 'the Act of 1954') defines 'basic education' as meaning education in such subjects and upto such standards as may be prescribed and Section 2(5) defines 'basic school' as meaning a school which is recognized by a School Board under this Act, and shall include a pre -basic school, a junior basic school or a senior basic school. Section 3 of the Act of 1954 provides for the constitution of a State Advisory Board for Basic Education, which shall be a body corporate with perpetual succession and a common seal. It was competent to acquire and to hold movable and immovable property. The duties and functions of the State Board are set out in Section 9 of the Act of 1954. Section 16 of the Act of 1954 makes provision for the constitution of a Regional Board for basic education for each region of a District. This Board is known as 'School Board' and is a body corporate with perpetual succession. The duties and functions of the School Boards are set out in Section 24 of the Act of 1954 and Sub -section (3) of Section 24 expressly confers powers on the School Boards to appoint and punish basic school teachers and attendance officers. Thus the scheme of the Act shows that the management of the basic schools was entrusted to the School Boards constituted in different regions and the State Advisory Board was a Central Board for the purpose of advising the State Government in the matter of the educational policy of the basic schools.