Gauhati High Court
Deb Das Saha vs The State Of Assam And 7 Ors on 9 May, 2023
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GAHC010213552021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6922/2021
DEB DAS SAHA
S/O. LT. CHANDRA MOHAN SAHA @ CHANDRA MADHAB SAHA, VILL.
PRANAB NAGAR, P.O. HUZ RANGHAGARA, DIST. NAGAON, ASSTT.
TEACHER OF SWAHID CHANDAN SINGH HIGH SCHOOL.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY
EDUCATION DEPTT., DISPUR, GUWAHATI-781006.
2:THE DEPUTY SECRETARY
TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
4:THE DISTRICT SCRUTINY COMMITTEE
REP. THROUGH ITS CHAIRMAN
THE DEPUTY COMMISSIONER
NAGAON DIST.
ASSAM
PIN-782001.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DIST. NAGAON
ASSAM
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PIN-782001.
6:THE INSPECTOR OF SCHOOL
NAGAON DISTRICT CIRCLE
NAGAON
ASSAM
PIN-782001.
7:SMTI SIKHAMALA BOARH
THE HEADMISTRESS OF SWAHID CHANDAN SINGH HIGH SCHOOL
MAJARATI
NAGAON
ASSAM
PIN-782002.
8:PRABITRA BORA
ASSTT. TEACHER OF SWAHID CHANDAN SINGH HIGH SCHOOL
MAJARATI
NAGAON
ASSAM
PIN-782002
Advocate for the Petitioner : MRS A BUJARBARUAH
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
09.05.2023
Heard Ms. A. Bujarbaruah, learned counsel for the petitioner and Mr. B. Kaushik, learned
Standing counsel, Department of School Education, Assam for the respondent Nos. 1 to 3.
It is seen that the school of the petitioner, namely, Swahid Chandan Singh High School, Majarati,
District-Nagaon was provincialised w.e.f. 01.01.2013 under the provisions of the Assam Venture
Educational Institutions (Provincialisation of Services) Act, 2011 amended in 2012 in pursuance of the
order No. PC/Sec/49/2013/63 dated 03.06.2013 issued by the Director of Secondary Education,
Assam. However, the petitioner was left out from provincialisation of his service as an Assistant
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Teacher of said High School during the time of its provincialisation under the provisions of said 2011
Act during its force.
In the meanwhile, said 2011 Act was declared as ultra-vires and unconstitutional by the
judgment and order dated 23.09.2016 passed in WP(C) No. 3190/2012 ( Chandan Kumar Neog Vs.
State of Assam and others) . Thereafter, the Assam Education (Provincialisation of Services of Teachers
and Re-organisation of Educational Institutions) Act, 2017 came into force w.e.f. 14.03.2018.
Since its provincialisation w.e.f. 01.01.2013, said Swahid Chandan Singh High School, Nagaon
became provincialised school and by virtue of any such provincialised post in that school have now
become a public post.
However, Ms. Bujarbaruah, learned counsel for the petitioner submits that the State
Government in the Secondary Education Department issued a Notification, pursuant to which, the
petitioner applied for consideration of his case for provincialisation under the provisions of said 2017
Act for the second post of Assistant Teacher in said provincialised school, though the 2017 Act does
not contain any such provision regarding provincialisation of service of teacher who has been left out
from provincialisation under the provisions of said 2011 Act during its force.
On the prayer of Ms. Bujarbaruah, learned counsel for the petitioner, the matter be listed on
18.05.2023 enabling her to place the relevant Notification of the State Government in the Secondary
Education Department regarding consideration of provincialisation for the second post of Assistant
Teacher in such provincialised school under the said 2017 Act that was provincialised under the
provisions of said 2011 Act.
JUDGE
Comparing Assistant
