Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 9 Ors on 24 February, 2021
Page No.# 1/4
GAHC010089312020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2705/2020
MOHIT ALI ANAD ANR.
S/O. LT. MAFIR ALI, R/O. VILL. BARMANIKPUR, P.O. SARUMANIKPUR,
DIST. BARPETA, ASSAM, SCIENCE TEACHER OF NAOSHALI ANUSUCHITA
M.E. SCHOOL, MUSHALPUR, BLOCK, DIST. BAKSA, ASSAM.
2: NITUL TALUKDAR
S/O. LT. SARAT CH. TALUKDAR
VILL. KASHKURI
P.O. BANGAON
DIST. BARPETA
ASSAM
SCIENCE TEACHER OF DANGARIGAON M.E. SCHOOL
JALAH BLOCK
DIST. BAKSA
ASSAM
VERSUS
THE STATE OF ASSAM AND 9 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT., OF
ELEMENTARY EDUCATION, DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECY.
TO THE W.P.T. AND B.C. DEPTT.
GOVT. OF ASSAM
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
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4:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
5:THE BODOLAND TERRITORIAL COUNCIL
REP. BY ITS PRINCIPAL SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
DIST. BAKSA
ASSAM
PIN-783370.
6:THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
DIST. BAKSA
ASSAM
PIN-783370.
7:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BAKSA
MUSHALPUR
DIST. BAKSA
ASSAM
PIN-783370.
8:THE DIST. SCRUTINY COMMITTEE
BAKSA DISTRICT REP. BY ITS CHAIRMAN
THE PRINCIPAL SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
DIST. BAKSA
ASSAM
PIN-783370.
9:THE BLOCK ELEMENTARY EDUCATION OFFICER
MUSHALPUR BLOCK
DIST. BAKSA
ASSAM
PIN-783370.
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10:THE BLOCK ELEMENTARY EDUCATION OFFICER
JALAH BLOCK
DIST. BAKSA
ASSAM
PIN-783370
Advocate for the Petitioner : MRS A BUJARBARUAH
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT
Date : 24-02-2021
Heard Ms. A. Bujor Barua, learned counsel for the petitioner. Also heard Ms. R.B. Bora,
learned counsel for the BTC, Mr. N.J. Khataniar, learned counsel for the Elementary Education
Department of the Govt. of Assam.
2. The petitioner No.1 Md. Mohit Ali was appointed as Science teacher of Naoshali Anusuchita
M.E. School in the Mushalpur Block, Baksa district of Assam. The school concerned was provincialised
under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (in short Act
of 2011). But in doing so, the petitioner No.1 was left out from the process. In the circumstance, this
petition is instituted for a direction that the service of the petitioner No.1 be also provincialised. The
statement showing the particulars of 13 Science Teachers in the Upper Primary Schools under the
Baksa district contains the name of the petitioner Md. Mohit Ali showing his date of appointment to be
09.08.2008. No materials have been produced before the Court that by operation of law the service of
the petitioner No.1 stood provincialised under Section 4(1) of the Act of 2011.
3. In the circumstance, the entitlement of the petitioner would be for a consideration for
provincialisation under the Assam Education (Provincialisation of Services of Teachers & Re-
organization Educational Institutions) Act, 2017 (in short Act of 2017) where Section 13(1) requires a
consideration of the service particulars by the concerned District Level Scrutiny Committee. As the
claim of the petitioner would be for a fresh consideration under the Act of 2017, we direct the
Headmaster of Naoshali Anusuchita M.E. School to transmit the service particulars of the petitioner
No.1 to the District Level Scrutiny Committee of Baksa district and upon the same being submitted,
the District Level Scrutiny Committee shall give a consideration and pass a reasoned order whether
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the petitioner No.1 is to be recommended for provincialisation under the Act of 2017.
4. As regards the petitioner No.2 Sri Nitul Talukdar he was appointed as a Science Teacher in
Dangarigaon M.E. School in the Jalah block of Baksa district.
5. In respect of petitioner No.2 the minutes of the meeting of the District Level Grievance
Redressal Committee which was a committee under the Act of 2011 held on 21.05.2015 is annexed as
Annexure12 page 54 of the writ petition. A reading of the minutes shows that the committee had
recommended the petitioner No.2 for pronvincialisation under the Act of 2011 as amended in 2012.
Section 4(1) of the Act of 2011 inter alia provides that all such teachers who satisfy the requirement
of Section 3(1) of the said Act would be deemed to have been provincialised w.e.f. the date of coming
into force of the Act concerned i.e. 01.01.2013. As the minutes of the meeting of the committee dated
21.05.2015 gives a clear indication that the petitioner No.2 had satisfied the requirement of Section
3(1) of the Act of 2011, therefore, it has to be understood that by operation of law under Section 4(1)
of the Act of 2011, his service had been provincialised under the said Act.
6. It is only that the subsequent formal order had not been issued by the authorities and under
the provision of the Act of 2011 it is a deem provincialisation by operation of law. In the circumstance,
non issuance of formal order cannot lead to a situation that the service of the petitioner was not
provincialised.
7. From such point of view, the respondents are directed to issue necessary formal orders for
giving the benefit of pronvincialisation to the petitioner No.2 w.e.f. 01.01.2013, as entitled under
Section 4(1) of the Act of 2011. Necessary formalities be completed within a period of one month
from the date of receipt of the certified copy of the order.
8. Writ petition stands disposed of. Interim order, if any, passed earlier stands vacated.
JUDGE
Comparing Assistant
