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Retd justice A B Pal's article a fixed game between him and CPI-M ? Standing Counsel clarifies that validation act will lead to Contempt of Court
Amitabha Sengupta Dec 7, 2017
Retd justice A B Pal's article a fixed game between him and CPI-M ? Standing Counsel clarifies that validation act will lead to Contempt of Court
PHOTO : Education Minister Tapan Chakraborty, CM Manik Sarkar. TIWN File Photo.

AGARTALA, Dec 7 (TIWN): Recently published article of Retd Justice A B Paul in a local daily of Tripura regarding the much debated issue of 10323 terminated teachers has once again sparked a controversy as to whether the Retd Justice , through his article, wanted to mislead the terminated teachers by playing a mind game going on the same line as the CPM leaders doing ever since the judgement passed on this issue . On 26th November 2017 the article of Retd Justice A B Paul was published in a local daily of Agartala and soon after this a section of the terminated teachers started to strengthen their stance in favour of the state govt stating that there surely lies the way through which the state govt can protect their jobs . Pointing that by means of Validation Act or Passing an Ordinance state govt can save the future of the terminated teachers , excluding those Under Graduate Teachers , who possess the Matriculation or equivalent qualification , as expressed by the justice A B Paul in his article entitled "Alternative way out to save the future of 10323 teachers ."

But the opinion expressed by the Advocate of the Supreme Court Gopal Singh , Standing Counsel of Tripura and Bihar , totally negates the opinion of expressed by the Retd Justice in his article . In his letter issued in favour of Law Secretary , Govt of Tripura and the Principal Secretary , School Education Department , Govt of Tripura Gopal Singh categorically said that Validation Act shall squarely fall within the definition of 'Obstructing the course of administration of Justice .'

The way Retd Justice expressed his views citing out various references one may confuse him as a CPM leader . Making his point similarly like the state govt and ruling CPM leaders A B Paul stated ,"

  1. The terminated teachers possess academic qualification needed for being recruited as teachers
  2. There is no provision in the RTE Act for the termination of
  3. There was no malafied action in the recruitment process though many higher qualified youths' names were deleted from the recruitment list .

   Interestingly Paul pointed that Validation Act has no possibility of repugnant with any act of the Centre .

He gave away some suggestions as to how the state govt should act to save the future of the terminated teachers . Few of these are as follows :-

  1. Calling a Special Session of the Assembly and passing an Ordinance , the jobs of those , who have requisite academic qualifications, have to be validated
  2. High Court in its judgement said ( Para 104)," Many of the applicants( who lodged the case) possess higher qualification than the terminated teachers  . As the Supreme Court upheld the total judgement of the High Court , these applicants must be given appointment without any delay
  3. For those , who jobs can not be validated , a Retrenched Teachers Reemployment Scheme should be framed.      

       Going through these views expressed by the Retd Justice many of the terminated teachers and a section of top officials of the state govt thought that there is still a ray of hope in the 10323 issue . But the letter of the Standing Counsel Gopal Singh came as a bolt from the blue to those hopefuls . In his letter addressed to the Law Secretary , Govt of Tripura Advocate Gopal Singh wrote that he had discussed the issue of introduction of Validation Act with Mr P S Patwalia , Senior Advocate of the Supreme Court . He wrote ," The article under caption " Alternative way out to save the future of 10323 teachers " written by Justice ( Retd) Mr A B Paul and the Note of the Law Secretary , Govt of Tripura on the very same subjectwas shown to the Senior Advocatecompletely negated the opinion expressed by the Retired Judge in the aforesaid article . He ( Senior Advocate Mr P S Patwalia ) has reiterated that if the grounds of illegality or invalidity as upheld by the Courts are capable of being removed , only in such cases Validation Act can be introduced . "

    Standing Counsel further clarified that in the facts of the present case ( 10323 terminated teachers') Validation Act can not be introduced , since Validation Act cannot alter a factual situation found to be existing by successive Judicial Pronouncements .

     Singh also pointed out that the concurrent finding of the High Court/ Supreme Court on factual basis that the selection process is totally unfair cannot be removed by introducing Validation Act . Therefore , by introducing such Act , it cannot be said that the basis of the decision rendered by the High Court / Supreme Court has been removed in the present case .

      In his opinion of Gopal Singh," Introduction of such a Validation Act would amount to aggravated form of contempt of the Supreme Court and shall fall within the definition of " Obstructing the course of administration of Justice .

    According to a highly placed sources opinions expressed by the Retd Justice in the form of  the article were a part of Fixed Game between the State Govt , ruling party and Retd Justice . It is a well known that Retd Justice A B Paul is very closed to CPM party . Also Paul is the father-in-law of heavyweight CPM leader cum Zilasabhadhipati of Dakshin Tripura ZilaParishadHimangshu Roy's only daughter . So many are with the view that this was a a planned article in favour of gathering support for the ruling party from the 10323 agitated teachers . 

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