[Constitution 6th Schedule] Karbi Anglong Autonomous Council Authorised To Issue Suspension Orders To College Professors: Gauhati High Court

The Gauhati High Court recently held that although college education is not explicitly listed as a transferred subject under the Sixth Schedule of the Constitution, the Additional Director of Education of the Karbi Anglong Autonomous Council (KAAC) is authorised to issue the suspension order.

Justice Achintya Malla Bujor Barua held so after reviewing the Notification issued by the Governor of Assam under paragraph 6(2) of the Sixth Schedule, which included college education as a transferred subject to the KAAC.

Constituted under the Sixth Schedule of the Constitution, KAAC is an autonomous district council for development and protection of tribals living in Karbi Anglong and West Karbi Anglong district.

“Admittedly, the executive power of the State otherwise extends to the Education Department including the Higher Education Department and if in exercise of the powers under paragraph 6(2) of the Sixth Schedule to the Constitution of India, the Governor of Assam in consultation with the District Council had also transferred college education, as a transferred subject to the KAAC, prima facie, it cannot be discerned that Entry 23 Notification dated 25.09.1996 would be without jurisdiction and authority,” Court said.

The petitioner had approached the Court assailing an order passed by the Additional Director of Education (KAAC) which suspended the petitioner, an Assistant Professor and Head of the Department of History at Rukasen College, pending departmental proceedings.

 The key contention was that the Additional Director of Education lacked jurisdiction to issue such a suspension order as college education is not a transferred subject under the Sixth Schedule of the Constitution.

The Counsel appearing for the KAAC relied on a notification dated September 25, 1996, issued by the Governor of Assam under paragraph 6 (2) of the Sixth Schedule which includes college education, in general, as a transferred subject to the KAAC.

However, this argument was contested on the ground that transferred subjects are specifically outlined in paragraph 3 of the Sixth Schedule, and college education is not among them.

It was also submitted that the Additional Director of Education, KAAC is otherwise an officer of the Government of Assam in the Higher Education Department and, therefore, he is to be construed to be an authority under the Higher Education Department of the Government of Assam.

The Court noted that paragraph 3(A) of the Sixth Schedule deals with certain additional powers of Autonomous Councils, including the KAAC. While it covers primary and secondary education, it does not include college education as a transferred subject.

“A conjoint reading of the paragraph 3 and paragraph 3A makes it discernible that as per the sub-clause (d) of paragraph 3A, primary and secondary education is also a transferred subject to the KAAC, but conspicuously college education or higher education does not find place amongst the transferred subjects of paragraph 3A.”

The Court further delved into the powers vested in the Governor of Assam to entrust subjects to District Councils and their officers, and the interpretation of "any other matter" under paragraph 6(2) as a justification for transferring college education to the KAAC.

“The expression ‘or any other matter’ to which the executive power of the State extends’ is sought to be relied upon to justify the Notification dated 25.09.1996 of the Governor of Assam by which even college education, in general, had been entrusted to the KAAC,” it said.

Thus, the bench held that no prima facie case has been made out by the petitioner in relation to the issue that the Additional Director of Education KAAC did not have the jurisdiction to issue the impugned order dated July 03, 2023, placing the petitioner under suspension.

As such, the court declined to pass an interim order based on the petitioner's claim of jurisdictional issues. 

“Also considering the balance of convenience and the irreparable loss as regards the Council on their decision to place the petitioner Dr. Harwe Ingti Katharpi, Assistant Professor on suspension, we are not inclined to pass an interim order for the present, on the submission of the petitioner that the Additional Director of Education KAAC did not have the jurisdiction to pass the order of suspension,” the Court said.

The matter is listed again on October 12.

Case Title: Dr. Harwe Ingti Katharpi v. The State of Assam & 4 Ors.

Case No.: WP(C)/5338/2023

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