(Ranjan Gogoi, C.J. and Uday Umesh Lalit and K.M. Joseph, JJ.)
Debashish Pal Chowdhury ____________________________ Petitioner;
v.
Sanjeev Ranjan and Others ________________________ Respondent(s).
Conmt. Pet.(C) No. 1706/2017 in SLP(C) Nos. 18993-19049/2014, decided on November 1, 2018
(I.A. No. 86004/2018-permission to file additional documents/facts)
With
M.A. No. 1726/2018 in SLP(C) Nos. 18993-19049/2014 (XIV) (I.A. No. 80881/2018-clarification/direction) Conmt. Pet.(C) No. 1706/2017; SLP(C) Nos. 18993-19049/2014; I.A. No. 86004/2018; M.A. No. 1726/2018; SLP(C) Nos. 18993-19049/2014 (XIV); and I.A. No. 80881/2018
The Order of the court was delivered by
Order
1. The contempt petition is kept alive for statistical purposes though it has spent its force.
2. We have considered the affidavit filed by the Resident Commissioner, State of Tripura on 31.10.2018. The Additional Chief Secretary, Department of Education, State of Tripura is personally present in terms of the order of this Court dated 24.10.20181. We have heard Mr. P.S. Patwalia, learned senior counsel appearing for the Additional Chief Secretary, Department of Education, State of Tripura and Mr. Maninder Singh, learned senior counsel for the State of Tripura. We have also heard Mr. Vinay Navare, learned counsel for the petitioner in the contempt petition and Mr. Tushar Mehta, learned Solicitor General of India, who has appeared at our request.
3. It will not be necessary to recite in any great detail the facts leading to the present order, save and except that all such particulars are available in the additional affidavit filed on behalf of the State of Tripura on 31.10.2018 pursuant to the Court’s order dated 24.10.20181.
4. Having considered the matter, we are of the view that at this stage, we ought to permit the State of Tripura to continue to avail of the services of the terminated teachers until the end of the academic session 2020, meaning the academic session 2019-2020. The above direction has been issued in the peculiar facts of the case and the circumstances which have confronted the State of Tripura and above all, the need to functioning of teaching activities in schools in the State of Tripura remains unaffected.
5. In the meantime, Mr. Tushar Mehta, learned Solicitor General has undertaken before the Court that he will take up the matter with the appropriate authority of the Union Government to see that necessary orders in response to the communications dated 29.3.2018, 28.5.2018 and 5.7.2018 sent by the State of Tripura, seeking relaxation of the requirements of holding a degree and/or a diploma for purposes of qualifying for appointment as teachers, are passed. Such relaxation, if granted, can ease the situation by permitting qualified teachers; who are otherwise experienced to participate in the selection process that will be undertaken. Mr. Mehta is requested to urge upon the authorities of the Union Government to expedite the matter.
6. We have also taken note of the fact that the State of Tripura, in order to encourage local residents to acquire B.Ed. degree or diploma, has made available facilities of loan etc. to at least 5000 such persons. The response, however, is not encouraging. The State of Tripura is directed to give adequate and wide publicity to the aforesaid facilities, so as to encourage the interested persons to undergo the professional courses leading to a degree or a diploma in education from institutes outside the State of Tripura.
7. The case will now be listed after four months to oversee the progress in the matter including such orders as may be passed by the Union Government pursuant to the present order.
8. Personal presence of the Additional Chief Secretary would, however, not be required.
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1 Debashish Pal Chowdhury v. Sanjeev Ranjan, Contempt Petition (C) No. 1706 of 2017 in SLP(C) Nos. 18993-19049 of 2014, order dated 24-10-2018 (SC)
