WP(C) 2802/2003 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. N. Choudhury, learned counsel for the petitioner and Mr. M. Khataniar, learned Standing Counsel, Education Department, Govt. of Assam. The uncontroverted pleaded averments, in absence of any affidavit by the State r espondents lay the factual foundation of the writ petitioner’s case before this Court. He is a postgraduate in Hindi and joined as Asstt. Teacher on 02.11.1970 against a substantive vacancy in Hindi Vidyalaya M.E. School, Dullavcherra. H e was eventually transferred to the DNNK Girls High School, Silchar (hereinafter for short referred to as the School) on 27.10.1990 as a Senior Hindi Teacher an d he is working in the same capacity, as on date. The petitioner has averred tha t the School is a provincialised institution and in the year, 1992 the Managing Committee thereof resolved to introduce Higher Secondary Section in Arts stream with subjects Political Science, Economics, History, Advance Bengali and Hindi. Pursuant to the resolution, students were accordingly admitted in the aforement ioned disciplines from August, 1992 academic session. In view of the substantia l good number of Hindi speaking students who opted for Hindi as Major Indian Lan guage, the petitioner was required to take the classes thereof in Class - XI and XII of the School. According to the petitioner, none of the students having opt ed for mathematics, there is no necessity of any subject teacher in that subject in that institution. In course of time, the Inspector of Schools, Cachar Distr ict Circle, Silchar and the Principal of the School initiated steps for upgradat ion of the services of the working teachers of the School with the postgraduate degree in the concerned subjects. Vide official communication dated 25.03.1996 of the Director of Secondary Education, Assam allotted to the School the posts e numerated therein, which included one for subject teacher in the optional subjec t (Mathematics). This was clearly erroneous, according to the petitioner as hav ing regard to the subject orientation in the Higher Secondary Section of the Sch ool, Mathematics was not contemplated. The Inspector of schools, Cachar District Circle, Silchar by its letter dated 0 7.02.1996 addressed to the Director of Secondary Education, Assam with reference to the particulars of teaching and non-teaching staff of the institution alongw ith the enrollment of students cited the cases of one Smt. Swastika Das, Asstt. Teacher in Bengali and Shri Suresh Ch. Dwibedi, Asstt. Teacher (petitioner M.A. in Hindi) recommending their upgradation as subject teachers. Though, in terms of the letter dated 06.05.1996 (Annexure - 4 to the writ petition) the Director of Secondary Education, Assam had conveyed the approval for such upgrdation vis- à-vis the working subject teachers and demonstrators of the School, the petition er’s name was omitted. Noticeably, that of Smt. Swastika Das as referred to in the letter dated 07.02.1996 was included in the list of upgraded subject teacher s. By order dated 14.05.1996 of the Head Mistress of the School, Smt. Swastika Das was upgraded to the post of subject teacher in Bengali in conformity with th e letter dated 06.05.1996 of the Director of Secondary Education, Assam. Being aggrieved by the differential treatment meted out to him, though otherwise equally placed, the petitioner submitted representations before the Director of Secondary Education, Assam seeking redress. His case was endorsed by the Inspec tor of Schools, Cachar District Circle, Silchar by his letter dated 22.12.2000 a ddressed to the Director of Secondary Education, Assam. However, as the authorit ies who mattered remained unmoved, the petitioner approached this Court for judi cial intervention. While reiterating the above, Mr. Choudhury has emphatically urged that as the fa cts and circumstances would reveal that there is no optional subject of mathemat ics in the School and instead all contemporaneous records reveal that the studen ts of the institution elect Bengali and Hindi as such, in absence of any conceiv able reason to deny the upgradation to the petitioner as a subject teacher in Hi ndi, an appropriate writ ought to be issued for remedying his grievances. On being queried by this Court, Mr. Choudhury submitted on instructions that the state-of-affairs, as narrated in the writ petition exist, as on date, though fo r all intents and purposes the petitioner is rendering his services in Hindi on regular basis. Mr. Khataniar being without any instruction is not in a position to controvert effectively either the correctness of the averments made in the wr it petition supported by an affidavit or the pleas based thereon. Upon hearing the learned counsel for the parties and on a consideration of the m aterials on record, this Court feels persuaded to accept the authenticity of the assertions made in the writ petition. Apart from the fact that, there is no co unter to refute the correctness thereof, the official documents referred to here inabove lend sufficient corroboration to the statements made in the writ petitio n, if otherwise supported by an affidavit. The sworn statements made in the writ petition submitted by the documents append ed thereto demonstrate that the petitioner had been rendering his services as Su bject Teacher in Hindi in the School on and from the date on which the Higher Se condary Section thereof had been initiated i.e. 1992. As would be evident from t he series of official communications on the issue, Smt. Swastika Das was upgrade d as Subject Teacher in Bengali vide the order dated 14.05.1996 following the ap proval of the Government to the said effect vis-à-vis the working subject teache rs and Demonstrators in the School. The letters dated 07.02.1996 and 22.12.2000 (Annexures - 3 & 8 to the writ petition) in no uncertain terms establish that the petitioner had been rendering his services at all relevant times as an Asstt . Teacher in Hindi in the said School. By applying the norms extended to the ot her postgraduate teachers and demonstrators in the various subjects in the Schoo l, there appears to be no reason why the petitioner should be meted out a differ ent treatment. This is, more so, in view of the recommendation of the Inspector of Schools, Cachar District Circle, Silchar as is testified by his letters date d 07.02.1996 and 22.12.2000. On a totality of the considerations as hereinabove, this Court is of the unhesit ant opinion that the petitioner is entitled to a writ of mandamus directing the respondents, more particularly the Commissioner & Secretary (Education)(S), Depa rtment, Govt. of Assam and the Director of Secondary Education, Assam to cause n ecessary steps to betaken to ensure that he is upgraded to the status of Subject Teacher in Hindi on and from the date on which Ms. Swastika Das, Subject Teache r in Bengali in the School had been so elevated as such. Needless to say, on the implementation of this direction of this Court, the peti tioner would be entitled to all consequential benefits. A copy of this order be furnished to Mr. Khataniar, so as to enable him timely c ommunication thereof for compliance. The petition is allowed in the above terms . No costs.