Relief under writ petition declined in light of an alternate remedy

Gauhati High Court

Gauhati High Court: A Single Judge Bench comprising of Michael Zothankhuma, J. declined to grant relief to the petitioner under the writ petition, in light of the facts that he had an alternate remedy to approach the Educational Tribunal for settling the dispute.

The petitioner was aggrieved by non-provincialisation of his services as an Assistant Teacher in the Raisen ME School. Petitioner’s grievance was that his services were not provincialised in spite of vacant post of science teacher; whereas, Respondent 7 who was not eligible for the post, was provincialised as an Assistant Teacher. The petitioner challenged such provincialisation of the respondent as well as his non-provincialisation. Learned counsel for the respondents, on the other hand, submitted that the Government of Assam had established Educational Tribunals to adjudicate disputes between teaching and non-teaching staff of provincialised schools; therefore, the present matter should be referred to the said Tribunal.

The High Court considered the submissions made on behalf of the parties and held that the present case relates to a claim for provincialisation of the service of the petitioner vis-a-vis Respondent 7 and it was liable to be sent to the Educational Tribunal concerned. Since there was an alternative remedy present to the petitioner for resolution of the dispute, the High Court held that no relief could be granted to the petitioner under the instant writ proceedings. [Sushil Namasudra v. State of Assam, 2018 SCC OnLine Gau 308, order dated 10-04-2018]

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