Page No.# 1/5 vs The State Of Assam And 5 Ors
2021 Latest Caselaw 2329 Gua

                                                                 Page No.# 1/5

GAHC010098932021




                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/4992/2021

         MIZANUR RAHMAN AND ANR.
         S/O. LT. TAZAMUL ISLAM, VILL. BORCHALA NO.2 GAON, P.O. BORCHALA
         AND P.S. NORTH LAKIMPUR, DIST. LAKHIMPUR, ASSTT. TEACHER
         (MATHS) OF PADHOWA HIGH SCHOOL, ASSAM, PIN-787052.

         2: AJIT PAYENG
          S/O. LT. BIMALA PAYENG
          R/O. JONKHEL DAMBUKIYAL GAON
          P.O. AMTOLA
          DIST. LAKHIMPUR
         ADDL. (ARTS) TEACHER OF PANDHOWA HIGH SCHOOL
         ASSAM
          PIN-787052

         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
         (SECONDARY) DEPTT., DISPUR, GUWAHATI-06.

         2:THE DEPUTY SECRETARY
         TO THE GOVT. OF ASSAM
          EDUCATION DEPTT.

         3:THE DIRECTOR OF SECONDARY EDUCATION

          ASSAM
          KAHILIPARA
          GUWAHATI-19.

         4:THE DISTRICT SCRUTINY COMMITTEE FOR SECONDARY EDUCATION
          REP. THROUGH ITS CHAIRMAN
         THE DEPUTY COMMISSIONER
          LAKHIMPUR DISTRICT
                                                                      Page No.# 2/5

             ASSAM
             PIN-787001.

            5:THE INSPECTOR OF SCHOOLS

             LAKHIMPUR DISTRICT CIRCLE
             DIST. NORTH LAKHIMPUR
             ASSAM
             PIN-787001.

            6:THE HEAD MASTER

             OF PANDHOWA HIGH SCHOOL
             P.O. NORTH LAKHIMPUR
             DIST. NORTH LAKHIMPUR
             ASSAM
             PIN-787001

Advocate for the Petitioner   : MRS A BUJARBARUAH

Advocate for the Respondent : SC, SEC. EDU.

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

Date : 27-09-2021

JUDGMENT & ORDER (ORAL) Heard Mrs. A Bujarbaruah, learned counsel for the petitioners. Also heard Ms. NM Sarma, learned counsel for the respondents No.1, 2, 3, and 5 being the authorities under the Secondary Education Department, Government of Assam and Mr. G Bokolial, learned counsel for the respondent No.4 being the Deputy Commissioner, Lakhimpur.

2. The petitioner No.1 having the qualification of B.Sc. in the year 2002 and M.Sc. in the year 2006 was appointed as an Assistant Teacher in the subject Page No.# 3/5

Mathematics on 18.10.2003 in the Pandhowa High School in the North Lakhimpur district. The petitioner No.2 on the other hand having the qualification of B.A in the year 1991 was appointed as an Assistant Teacher in the Pandhowa High School in the North Lakhimpur district on 11.02.1996 and he is discharging his duties as a Social Science teacher in the school.

3. It is stated that the teachers of the Pandhowa High School in the North Lakhimpur district were subjected to a process of provincialisation under the Assam Venture Education Institutions (Provincialisation of Services) Act, 2011 (for short, the Act of 2011) in which three of the teachers namely, 1. Md. Motiur Rahman in English/Assamese, 2. Md. Akbor Hussain in English 3. Md. Mohibul Hoque in English were provincialised. The claim of the petitioners for provincialisation was processed under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (for short, the Act of 2017) and as per the recommendation of the District Scrutiny Committee (for short, DSC) the petitioner No.1 Mizanur Rahman was recommended for provincialisation as a teacher in mathematics, whereas the petitioner No.2 Ajit Payeng was recommended for provincialisation as a teacher in social science.

4. The grievance of the petitioners is that inspite of being recommended by the DSC, their cases had not been carried any further.

5. Section 3(1)(vii) of the Act of 2017 provides for provincialisation of the teachers of a High School subject-wise meaning thereby, that unless earlier Page No.# 4/5

provincialised in a given subject, the teachers of the other subjects have a legal right to be provincialised under Section 3(1)(vii) of the Act of 2017.

6. In the instant case, we have been informed that the aforementioned three teachers were provincialised under the Act of 2011 in the subjects English/Assamese, English and English respectively, but none of them had been provincialised as yet as teachers of mathematics and social science in the Pandhowa High School in the North Lakhimpur district.

7. Consequently, a legal right flows in favour of the petitioner No.1 as a teacher in mathematics and the petitioner No.2 as a teacher in social science for being considered for provincialisation under Section 3(1)(vii) of the Act of 2017.

8. Accordingly, this writ petition stands disposed of directing the Director of Elementary Education Assam to carry forward the recommendation of the DSC made in favour of the petitioner No.1 and petitioner No.2 and bring the same to its logical end by passing a reasoned order. If the reasoned order is in favour of the petitioners, consequential process for provincialising them be undertaken and if the reasoned order is against them, the reasons thereof be stated and the petitioners be communicated.

9. The above requirement be done by the Director within a period of two months from the date of receipt of a certified copy of this order.

10. Writ petition stands disposed of in the above terms.

Page No.# 5/5

JUDGE

Comparing Assistant