Guwahati, March 18: Gauhati High Court today directed the Assam government to set up education tribunals in all districts within four months to adjudicate disputes related to teaching and non-teaching staff of the non-government educational institutions and venture schools in the state.

The order was passed by a full bench of the high court, comprising Chief Justice (acting) K. Sreedhar Rao, Justice Arup Kumar Goswami and Justice Ujjal Bhuyan today.

The high court said these tribunals would also try cases related to disciplinary action and claim for provincialisation in respect to teaching and non-teaching staff of venture educational institutions.

Provincialised educational institutions are those which are aided by the state government and their staff are government employees. Privately managed non-aided institutions are called venture schools or colleges. The venture educational institutions are usually of vernacular medium.

"Till establishment of the tribunals, the state government, in consultation with the high court, shall designate the district courts as educational tribunals of the respective districts," the order said.

During the course of hearing, advocate-general of Assam A.C. Buragohain informed the high court that till date no educational tribunal has been established in Assam.

In its order, the full bench of the high court referred to an order passed by an 11-judge bench of the Supreme Court in 2002 in a case - TMA Pai Foundation and Ors vs State of Karnataka and Ors. In that order, the apex court had observed that disputes between the management and staff of educational institutions must be decided speedily and without incurring excessive costs. Accordingly, the court considered it appropriate that an educational tribunal be set up in each district in a state to enable the aggrieved teacher to file an appeal against the decision of the management concerning disciplinary action or termination of service.

In view of the order, from now on teachers and other staff of venture schools and other private educational institutions will have to first approach the district court for redress of grievances. They will have the option to move the high court only if they are dissatisfied with the district court's order.

The high court passed today's order since a large number of writ petitions related to service matters of the teachers and other staff of non-government and venture educational institutions and their claim for provincialisation have piled up in the high court, increasing the court's workload. The high court was of the view that it is not an appropriate forum for adjudication of disputes related to service matters of the staff of the non-government schools and asked the state government o set up educational tribunals for this purpose.

The commissioner and secretary of education (elementary) department and the director of elementary education, among others, were made respondents in the case.