Judgment:
S.N. Phukhan, J.
1. This is an application under Article 226 of the Constitution against the order dated 3-5-88 issued by the District Elementary Education Officer, North Lakimpur regarding the writ petitioner.
2. In order to meet the needs of the students of villages Chorahani, Nepalibari and Naharani, the public of that area established an M.E. School in the year 1984 and the writ petitioner was appointed as founder Headmaster of the said school. The petitioner even now is working as Headmaster of the said School. It may be stated that the writ petitioner passed Matriculate examination in the year 1962 and thereafter also passed P.U. (commerce) examination. The petitioner joined B.Com. course in the year 1963, but he failed in the first year of B.Com. part-1 examination. The position has undergone a change after filing of the writ petition inasmuch as the writ petitioner passed the B.A. Part-I examination. The school applied for recognition and thereafter the impugned order was passed by the District Elementary Education Officer, North Lakhimpur. In the said letter, it was stated in Clause (B) under the heading 'Conditions' that the extra and nonqualified teacher, Sri Manik Bora is to be removed, from the School before recognition.
3. In the counter, it has been stated that Shri Manik Bora is not qualified to be appointed as Headmaster of M.E. School in question inasmuch as he has not passed two years P.U. Examination which is the only point to be decided in this petition.
4. Heard Mr. P. G. Baruah, learned counsel for the petitioner and Mr. Bhatta-charjee, learned Govt. Advocate. Also heard Mr. B. D. Das, learned counsel for the Managing Committee of the school.
5. Section 12 of the Assam Elementary Education (Provincialisation) Act, 1974, inter alia, provides that the terms and conditions of recognition and grants-in-aid to new elementary schools shall be as laid down by the State Government from time to time. In the proviso of the said rule, it is stated that on the recommendation of the Deputy Inspector of Schools concerned, the State Government may accord necessary recognition to such elementary schools as may fulfil the required conditions. All existing teachers and other employees of the schools to be appointed in the elementary schools recognised under this Act except in the case of autonomous districts shall be deemed to have been appointed by the State Government in their corresponding ranks. Sub-clause (iii) (b) of Clause (I) of Rule 3 of the Assam Elementary Education (Provincialisation) Rules, 1977 lays down minimum qualification for the post of teacher for M.V. and Senior Basic Schools and according to the said Rules it shall be Matric, Normal or P.U. or Intermediate or its equivalent.
6. The objection raised in the case in hand that the writ petitioner is not qualified as he passed P.U. Examination for one year course. In this connection, in the counter in para 3 qualification has been stated and the said qualifications are at least two years PU/ PDC/HSSLC/Pre-degree/PUC/Matric normal or any other recognised degree or qualification.
7. I find that only in para 3 of the counter 'at least 2 years PU' has been added. From Annexure-A to the counter, filed in para 7 it was only mentioned 'at least PUC' and it has not been mentioned regarding two years course. Therefore, the statements made in para 3 of the counter is not supported by record and it cannot of accepted.
8. I find from record that the Deputy Inspector of Schools by letter dated 2-8-86 vide Annexure -- 8 clearly recommended for granting of permission to the school from 1-3-1985.
9. T, therefore, do not find any justification in view of above position to add two years in case of P. U. Examination. That apart by this time the writ petitioner has passed the B. A. Part-I examination and he is qualified to be appointed as teacher. Mr. B. D. Das, has raised some points regarding continuous service of the writ petitioner as Headmaster of the School which is disputed by Mr. Baruah. It is not at all necessary to decide this point in the present petition inasmuch as the only relief the petitioner wants that the qualifications of two years PU Examination may be modified.
10. On perusal of the writ petition, I find that the School has been established in a Tribal area and I hope and trust that the concerned authority shall immediately give recognition to the school if not already done. Interest of all the persons whose names were fowarded while applying for recommendation shall be protected.
11. With the above directions and observations, the writ petition is disposed of and Clause (B) under Head condition in the impugned order is set aside. No costs.