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  • BHRPC v. State of Assam (Order)

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    Oliullah Laskar
    23 visualizzazioni3 pagine
    As the constitution of India has provided right to equal opportunity to all under Article 14, right to education under Article 21A and 45, the frequent deployment of teachers of Government and Govt. aided schools in non-teaching duties resulting in virtual shut down of schools for substantial period depriving the students of their rights amount to violations of fundamental rights enshrined in these Articles. The similar questions were also raised in the Supreme Court of India in Civil Appeal No. 5659 of 2007 (Election Commission of India Vs. St. Mary’s School and ors.) where it was held that the teachers should not ordinarily be put on non teaching duties in teaching days. The BHRPC also claimed that the directives passed in its Judgment & Order in this case is not implemented or acted upon by the Govt. of Assam and State Election Officer, Assam. It was prayed in the petition that the authorities may be directed to adhere to the order passed by the Supreme Court in the Saint Mary’s School case. The petition was registered as PIL No. 17 of 2009 and heard on 6 March, 2009 by Chief Justice J Chelamswar and Justice Hrishikesh Roy. The Court observed that “(i)t may not be necessary for us to go into the factual details of the present petition as the prayer is too clear. In substance the petitioners seek the implantation of the judgment of the Supreme Court. It is a constitutional mandate under Article 142 that any decree passed by the Supreme Court or order made by the Supreme Court shall be enforced through out the territory of India. If the petitioners for any reasons believe that the judgment of the Supreme Court is not being implemented in the state of Assam, in our considered view, the remedy is not to seek a further writ for implementation of the directions of Supreme Court in this court.”

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    As the constitution of India has provided right to equal opportunity to all under Article 14, right to education under Article 21A and 45, the frequent deployment of teachers of Government and Govt. aided schools in non-teaching duties resulting in virtual shut down of schools for substantial period depriving the students of their rights amount to violations of fundamental rights enshrined in these Articles. The similar questions were also raised in the Supreme Court of India in Civil Appeal No. 5659 of 2007 (Election Commission of India Vs. St. Mary’s School and ors.) where it was held that the teachers should not ordinarily be put on non teaching duties in teaching days. The BHRPC also claimed that the directives passed in its Judgment & Order in this case is not implemented or acted upon by the Govt. of Assam and State Election Officer, Assam. It was prayed in the petition that the authorities may be directed to adhere to the order passed by the Supreme Court in the Saint Mary’s School case. The petition was registered as PIL No. 17 of 2009 and heard on 6 March, 2009 by Chief Justice J Chelamswar and Justice Hrishikesh Roy. The Court observed that “(i)t may not be necessary for us to go into the factual details of the present petition as the prayer is too clear. In substance the petitioners seek the implantation of the judgment of the Supreme Court. It is a constitutional mandate under Article 142 that any decree passed by the Supreme Court or order made by the Supreme Court shall be enforced through out the territory of India. If the petitioners for any reasons believe that the judgment of the Supreme Court is not being implemented in the state of Assam, in our considered view, the remedy is not to seek a further writ for implementation of the directions of Supreme Court in this court.”

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    23 visualizzazioni3 pagine

    BHRPC v. State of Assam (Order)

    Caricato da

    Oliullah Laskar
    As the constitution of India has provided right to equal opportunity to all under Article 14, right to education under Article 21A and 45, the frequent deployment of teachers of Government and Govt. aided schools in non-teaching duties resulting in virtual shut down of schools for substantial period depriving the students of their rights amount to violations of fundamental rights enshrined in these Articles. The similar questions were also raised in the Supreme Court of India in Civil Appeal No. 5659 of 2007 (Election Commission of India Vs. St. Mary’s School and ors.) where it was held that the teachers should not ordinarily be put on non teaching duties in teaching days. The BHRPC also claimed that the directives passed in its Judgment & Order in this case is not implemented or acted upon by the Govt. of Assam and State Election Officer, Assam. It was prayed in the petition that the authorities may be directed to adhere to the order passed by the Supreme Court in the Saint Mary’s School case. The petition was registered as PIL No. 17 of 2009 and heard on 6 March, 2009 by Chief Justice J Chelamswar and Justice Hrishikesh Roy. The Court observed that “(i)t may not be necessary for us to go into the factual details of the present petition as the prayer is too clear. In substance the petitioners seek the implantation of the judgment of the Supreme Court. It is a constitutional mandate under Article 142 that any decree passed by the Supreme Court or order made by the Supreme Court shall be enforced through out the territory of India. If the petitioners for any reasons believe that the judgment of the Supreme Court is not being implemented in the state of Assam, in our considered view, the remedy is not to seek a further writ for implementation of the directions of Supreme Court in this court.”

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    [sae PRES | y Sele c(sloricletoa| relayed eile. a IN TRE HATE HIGH COURT (igh Cou Asan. Naga, Mahle, Manipur rpura Misra Armas rade | oo wot. bo ' Ceamsie ——————" PLL cic Brak tumor Ragt protection commi thes sfode te Assorm keavs role ners 8. Bhatfachon Ya Petitioner MEM Bhatlachanice MS-S. Nath EON Ge ‘Opposite Party ASS ars IN THE MATTER OF: Barak Human Rights Protection Committee Reprecented by, Its Secretary Neharul Ahmed Mazurler, Rongpur Pare Il, Sile Dist. Cachar. Assam 1. State of Assam represented by, ‘The Chief Secretary, Govt, of Assam 2, Secretary & Commissioner Dispur, Guwahati , Assam 3, State Election officer ‘Assam Secretariat , 4% Floor, C- Block Dispur, Guwahati, Assam . 4. Blection Commission of India Nirwachan Sadan, Astolea Road, New Delhi 5. Union of India , ‘Through , Secretary Ministry of Human Resource Development od Shastri Bhawan, New Delhi ‘sommlssioner of Attianem ‘erat High “Cowt uaa a ae BEFORE PIL No.17/09 HONBLE THE cHUEFDUSTICH MR J CHELAMESWAR MONI MR.TPSTICE RISHIKESH ROY | {Chelameswar, C3) “The writ petitions fie fith the prayer as flows 10 show ofuse as fo why a direction wil not be issued tothe ‘Respondent Authorities fo achere| to the directions ofthe Hon ble ace Snoaarrent of teachers of Government ‘and Gove oiled schon! Appeal 0.5659 of 200F (slot Mary's School Ora" SS ee ee ate ee "Promising duties am passed in Cutt ‘Commission of Indias St Into the fact devils of the to clear. In substance the eee ce oe ‘hall be enforoed out the tert ia. the petitioners for mone se eve eon fe Sumner eZ 1 is a constitufional afandate wader Art 142 that any decree any reason believe Ht the Judgment of the Supreme Court is not being implemented inthe Stafe of Assfm, in our considered view, the sovety a ook to wb «Sher oft Site rf Jen ne In our view te presdat publ for implementation of the interest ligation is ieholly risconceived and the]same if, therefole, dismissed at the admission stage a Adi aiplikerk Ray al © GNeaut ESS enc 192 oe aaa “Chalamesiowe Clie} ‘ania eee Jeena canes

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