Gauhati High Court
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GAHC010048712021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1689/2021
KACHUA GIRLS HIGH SCHOOL AND ANR.
TO BE REPRESENTED BY ITS HEAD MASTER ALI AKBAR, VILL.
RANGALUBASTI, P.O. KACHUA, DIST. NAGAON, ASSAM.
2: ALI AKBAR
S/O LATE ABDUL MUTALEB
A R/O VILL. KANDAPARA
P.O. KACHUA
PIN NO. 782426
DIST. NAGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
TO BE REPRESENTED BY THE COMMISSIONER AND SECY., GOVT OF
ASSAM, EDUCATION SECONDARY DEPTT., DISPUR, GUWAHATI 6
2:THE DIRECTOR
SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 1
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
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ORDER
Date : 30-03-2021
Heard Mr. A.R. Bhuiyan, learned counsel for the petitioner. Also heard Mr. R. Mazumder,
learned counsel for the respondents.
2. The petitioner school Kachua Girls High School was established on 11.12.1988 and claims that
the services of the teaching and non-teaching staffs of the school was deemed to have been
provincialised under Section 4 of the Assam Venture Educational Institutions (Provincialisation of
Services) Act, 2011 (in short Act of 2011). Mr. A.R. Bhuyan, learned counsel for the petitioner makes a
further submission that the issue of being deemed to have been provincialised under the Act of 2011
have already been decided by this Court in its judgment dated 03.10.2018 in WP(C) 6804/2017 which
was again followed in the order dated 24.02.2021 in WP(C) 2705/2020.
3. In order to establish that the claim of the petitioner is covered by the aforesaid two judgments,
the petitioner brings it to the notice of the Court that by the Annexure-1 Page-16 document, the names
of the teaching and non-teaching staff of Kachua Girls High School who would be eligible for
provincialisation under Section 4(1) of the Act of 2011 as amended in 2013 had been notified in the
website of the Education Department on 24.01.2015.
4. It is stated that the publication of the name of the school and its employees who are
provincialised under the Act, 2011 is done after following required procedure under the Act of 2011
and also after due approval by the authorities in the Education Department. As the teaching and non-
teaching staff of Kachua Girls High School were found to have been eligible to be provincialised under
the Act of 2011, it is to be construed that the services of such teaching and non-teaching staff had
deemed to have been provincialised under the Act of 2011. In such view of the matter, we are of the
view that the claim raised by the writ petitioner in the writ petition would be covered by the judgment
dated 03.10.2018 in WP(C) 6804/2017.
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5. In view of the above, it is provided that the present petitioner would be entitled to the same
benefit as provided in the judgment dated 03.10.2018 in WP(C) 6804/2017. Having so decided, the
respondents in the Education Department are directed to do the needful as required in the judgment
dated 03.10.2018 in WP(C) 6804/2017 also in respect of the petitioners in this writ petition.
6. The requirement be done within a period of two months from the date of receipt of the certified
copy of the order.
JUDGE
Comparing Assistant
