Ranuma Ahmed vs The State Of Assam And 4 Ors
2025 Latest Caselaw 4268 Gua

Gauhati High Court

Ranuma Ahmed vs The State Of Assam And 4 Ors on 20 March, 2025

                                                                 Page No.# 1/18

GAHC010229682024




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

                          Case No. : WP(C)/5883/2024

         RANUMA AHMED
         D/O- LATE SUMER ALI,
         VILL- MAZDIA,
         P.O- PASCHIM MAZDIA,
         DIST- BARPETA, ASSAM, PIN-781305,
         CLASSICAL TEACHER AT ARABIC, AT ISLAM JEUTI, BDK HIGH
         MADRASSA, BANBARIA, PIN-781301



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF
         SCHOOL EDUCATION (SECONDARY), DISPUR , GUWAHATI -781006

         2:THE DIRECTOR OF SECONDARY EDUCATION

          ASSAM
          KAHILIPARA
          GUWAHATI 19

         3:THE DISTRICT SCRUTINY COMMITTEE
          BARPETA
          REP. THROUGH ITS CHAIRMAN
          DIST- BARPETA
          PIN-781301

         4:THE INSPECTOR OF SCHOOLS
          BARPETA
         ASSAM
          PIN-788001

         5:THE HEADMASTER
                                                                 Page No.# 2/18

             OF ISLAM JEUTI
             BDK HIGH MADRASSA
             BANBARIA
             PIN-78130

Advocate for the Petitioner   : MRS A BUJARBARUAH, MS A.SARMA

Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM




             Linked Case : WP(C)/6368/2024

            MD. NUR ISLAM
            S/O- MD. AMIR ALI

            R/O- VILLAGE BHULUKABARI
            CHAYGAON
            DIST- KAMRUP
            ASSAM
            PIN-781136


             VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM
            SECONDARY EDUCATION DEPARTMENT

            DISPUR
            JANATA BHAWAN
            GUWAHATI-6.

            2:THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM

            KAHILIPARA
            GUWAHATI-19.

             3:THE INSPECTOR OF SCHOOLS

            KAMRUP DISTRICT CIRCLE
            AMINGAON
            GUWAHATI- 781031.
                                                        Page No.# 3/18


4:THE HEAD MASTER

KALATOLI KATHMI ANCHALIK (JUNIOR) COLLEGE
VILLAGE- NATUN KATHMI
P.O.- KALATOLI
KAMRUP
ASSAM
PIN- 781136.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS



Linked Case : WP(C)/6176/2024

BIJOY KR DEY
S/O- LATE ANIL CH. DEY

R/O- VILLAGE AND P.O- FULOGURI
P.S- RANGAPARA
DIST- SONITPUR
ASSTT. TEACHER (ARTS) OF KADAMTAL HIGH SCHOOL
ASSAM
PIN-784504


VERSUS

THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION
DEPARTMENT)
ASSAM (CIVIL) SECRETARIAT
BLOCK- C
DISPUR
GUWAHATI
ASSAM
PIN- 781006.

2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
 GUWAHATI
ASSAM
 PIN- 781019.
                                                    Page No.# 4/18


3:THE DISTRICT LEVEL SCRUTINY COMMITTEE

SONITPUR
REP THROUGH ITS CHAIRMAN

DIST- SONITPUR
ASSAM
PIN-784504

4:THE INSPECTOR OF SCHOOLS

SONITPUR DISTRICT CIRCLE
TEZPUR
ASSAM
PIN-784504

5:THE HEADMASTER
OF KADAMTAL HIGH SCHOOL
SONITPUR
ASSAM
PIN-784504
------------
Advocate for : MRS A BUJARBARUAH
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS



Linked Case : WP(C)/5957/2024

MD. AFZAL HUSSAIN
SON OF LATE ABDUL KADDUS

RESIDENT OF VILLAGE- CHOUDHURY PAM
CHAYGAON

DISTRICT- KAMRUP
ASSAM

PIN- 781136.


VERSUS

THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
                                                        Page No.# 5/18


SECONDARY EDUCATION DEPARTMENT

DISPUR
GUWAHATI- 781006.

2:THE DIRECTOR TO THE GOVERNMENT OF ASSAM
 SECONDARY EDUCATION DEPARTMENT
KAHILIPARA
 GUWAHATI- 781019.

3:THE INSPECTOR OF SCHOOLS
KAMRUP DISTRICT CIRCLE
AMINGAON
GUWAHATI- 781031.

4:THE HEAD MASTER
KALATOLI KATHMI ANCHALIK SENIOR SECONDARY SCHOOL
VILLAGE- NATUN KATHMI
P.O.- KALATOLI

KAMRUP
ASSAM
PIN- 781136.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS



Linked Case : WP(C)/6107/2024

ABDUR RAHIM
SON OF MD. HANIF ALI

RESIDENT OF VILLAGE- CHOUDHURY PAM
CHAYGAON

DISTRICT- KAMRUP
ASSAM
PIN- 781136.


VERSUS

THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
                                                        Page No.# 6/18

GOVERNMENT OF ASSAM

SECONDARY EDUCATION DEPARTMENT

DISPUR
GUWAHATI- 781006.

2:THE DIRECTOR TO THE GOVERNMENT OF ASSAM
 SECONDARY EDUCATION DEPARTMENT
KAHILIPARA
 GUWAHATI- 781019.

3:THE INSPECTOR OF SCHOOLS
KAMRUP DISTRICT CIRCLE
AMINGAON
GUWAHATI- 781031.

4:THE HEAD MASTER
KALATOLI KATHMI ANCHALIK SENIOR SECONDARY SCHOOL
VILLAGE- NATUN KATHMI

P.O.- KALATOLI
 KAMRUP

ASSAM
PIN- 781136.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS



Linked Case : WP(C)/5931/2024

PHANI RAM KUMAR AND 4 ORS
S/O- KHARGESWAR KUMAR

R/O- KATIGORAH

DIST- CACHAR
ASSAM
PIN-788805

ASSAMESE TEACHER AT KINNAKHAL PUBLIC HIGH SCHOOL
HARINAGAR
DIST- CACHAR
ASSAM
                                                     Page No.# 7/18

PIN-788805

2: SMTI RATNA DEBNATH
W/O- SHYAMAL DEBNATH

R/O- SILCHAR SONAI ROAD NEAR RANGIRKHARI OUTPOST
P.O-LINK ROAD.
DIST- CACHAR
ASSAM
PIN-788805

ASSISTANT TEACHER AT HATIKHAL HIGH SCHOOL
HARINAGAR
DIST- CACHAR
ASSAM
PIN-788116

 3: MD. ALA UDDIN BARBHUYAN
S/O- LATE JAMIR UDDIN BARBHUYAN
 R/O- NUTAN RAMNAGAR PART V
 P.O
P.S SONAI

CLASSICAL TEACHER (PERSIAN) AT SWADHIN BAZAR HIGH SCHOOL

SILCHAR
DIST- CACHAR
ASSAM
PIN-788001

4: L DARENDROJIT SINGHA
S/O- LATE LILACHAND SINHA


SCIENCE TEACHER AT SWADHIN BAZAR HIGH SCHOOL

SILCHAR
DIST- CACHAR
ASSAM
PIN-788119

5: SUMITH NATH MAZUMDER
S/O- GIRINDRA MOHAN NATH MOZUMDER

R/O- VILLAGE- SANTIPUR
P.O- ATHARTILLA.
P.S- DHOLAI
SILCHAR
                                                      Page No.# 8/18

DIST- CACHAR
ASSAM
PIN-788115

ASSISTANT TEACHER AT KALI PRASAD BINDU BASINI GIRLS HIGH
SCHOOL
NARSINGPUR
DHOLAI
VERSUS

THE STATE OF ASSAM AND 7 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
SCHOOL EDUCATION DEPARTMENT (SECONDARY)
DISPUR
GUWAHATI-6.

2:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM
KAHILIPARA
GUWAHATI 19

3:THE DISTRICT SCRUTINY COMMITTEE
CACHAR
REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER
DIST- CACHAR
PIN-788001

4:THE INSPECTOR OF SCHOOLS
SILCHAR
DIST- CACHAR
ASSAM
PIN-788001

5:THE HEADMASTER
OF KINNAKHAL PUBLIC HIGH SCHOOL

SILCHAR
DIST- CACHAR
ASSAM
PIN-788001

6:THE HEADMASTER
OF HATIKHAL HIGH SCHOOL

SILCHAR
DIST- CACHAR
ASSAM
                                                     Page No.# 9/18

PIN-788001

7:THE HEADMASTER
OF SWADHIN BAZAR HIGH SCHOOL

SILCHAR
DIST- CACHAR
ASSAM
PIN-788001

8:THE HEADMASTER
OF KALI PRASAD BINDU BASINI GIRLS HIGH SCHOOL

SILCHAR
DIST- CACHAR
ASSAM
PIN-788001
------------
Advocate for : MRS A BUJARBARUAH
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS.



Linked Case : WP(C)/6202/2024

JYOTI PRASAD BARUAH AND 7 ORS
SON OF UPEN BARUAH

R/O- VILLAGE JONAKI NAGAR

P.O. AND P.S.- SILAPATHAR

DISTRICT- DHEMAJI

ARTS OF SARBUDOI HIGH SCHOOL

ASSAM
PIN- 787061.

2: RANJIT SARKAR
S/O- LT. MOHAN CHANDRA SARKAR

R/O- VILLAGE- DEBENDRA NAGAR

P.O.- MAJORBARI
 P.S.- SILAPATHAR
                                                   Page No.# 10/18

DISTRICT- DHEMAJI
ASSAM

ARTS TEACHER AT SARBUDOI HIGH SCHOOL
ASSAM

PIN- 787061.

3: KUKHESWAR PEGU
S/O- RAMESWAR PEGU

R/O- VILLAGE- RACHAPORI

P.O.- JAMAGURI PANCHAI

DISTRICT- DHEMAJI

ADDITIONAL ASSISTANT TEACHER (SCIENCE)

JAMUGURI PANCHALI HIGH SCHOOL
 ASSAM

PIN- 787057.

4: NANDA KUTUM
S/O- CHANDESWAR KUTUM

R/O- VILLAGE- SIRAMPURIA

P.O.- JUNKARENG

DISTRICT- DHEMAJI
ASSAM

ASSISTANT TEACHER (ARTS) IN PUNSANG HIGH SCHOOL
ASSAM

PIN- 787060.

5: SATYA BORGOHAIN
S/O- SRI KHAGI BORGOHAIN

R/O- SILI ASOMIA
P.O.- BHAGABAN

P.S.- SILAPATHAR
 DISTRICT- DHEMAJI
                                                      Page No.# 11/18

ASSISTANT TEACHER (ARTS) IN SILI SURJYODAI HIGH SCHOOL
DHEMAJI

ASSAM
PIN- 787059.

6: LEKHAN UPADHAYAY
S/O- PREM LAL UPADHAYAY

R/O- VILLAGE- JUNAKI NAGAR

P.O.- SILAPATHAR
 P.S.- SILAPATHAR

DISTRICT- DHEMAJI (ASSAM)
PIN- 787059
ASSISTANT TEACHER (ARTS) IN PHULBARI HIGH SCHOOL
ASSAM

PIN- 787059.

7: JUBA KUMAR KUTUM
S/O- LATE RAM PRASAD KUTUM

R/O- VILLAGE- CHEKAI MAJ GAON

P.O.- NAMGHARIA
 P.S.- SILAPATHAR

DISTRICT- DHEMAJI (ASSAM)

ASSISTANT TEACHER (ARTS) AT MAHATMA GANDHI HIGH SCHOOL
ASSAM

PIN- 787059.

8: ARJUN DAS
S/O- LT. KARTIK CH. DAS

R/O- VILLAGE- NO.3 SIMEN CHAPORI

P.O. AND P.S.- SIMEN CHAPORI

UNDER JONAI SUB-DIVISION

DISTRICT- DHEMAJI

SCIENCE TEACHER AT SOMKONG HIGH SCHOOL
                                                      Page No.# 12/18

ASSAM

PIN-
VERSUS

THE STATE OF ASSAM AND 10 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM

SCHOOL EDUCATION DEPARTMENT (SECONDARY)

GUWAHATI- 781006.

2:THE DIRECTOR OF SECONDARY EDUCATION

KAHILIPARA
GUWAHATI- 781019.

3:THE DISTRICT SCRUTINY COMMITTEE
DHEMAJI
REPRESENTED THROUGH ITS CHAIRMAN

THE DHEMAJI DISTRICT
PIN- 787057.

4:THE INSPECTOR OF SCHOOLS
DHEMAJI DISTRICT
ASSAM
PIN- 787057.

5:THE HEADMASTER OF SARBUDOI HIGH SCHOOL
DHEMAJI
ASSAM
PIN- 787061.

6:THE HEADMASTER OF JAMUGURI PANCHALI HIGH SCHOOL
DHEMAJI
ASSAM
PIN- 787057.

7:THE HEADMASTER OF PUNSANG HIGH SCHOOL DHEMAJI
ASSAM
PIN- 787060.

8:THE HEADMASTER OF SILI SURJYODAI HIGH SCHOOL
DHEMAJI
ASSAM
PIN- 787059.
                                                         Page No.# 13/18

9:THE HEADMASTER OF PHULBARI HIGH SCHOOL
DHEMAJI
ASSAM
PIN- 787059.

10:THE HEADMASTER OF MAHATMA GANDHI HIGH SCHOOL
DHEMAJI
ASSAM
PIN- 787059.

11:THE HEADMASTER OF SOMKONG HIGH SCHOOL DHEMAJI
ASSAM
PIN- 787061.
------------
Advocate for : MRS A BUJARBARUAH
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 10 ORS



Linked Case : WP(C)/3378/2023

MIR HUSSAIN AND ANR
SON OF SHABDUL ALI

RESIDENT OF VILLAGE- BHALUKI

P.O.- BALABHITA
 P.S.- BARPETA ROAD

DISTRICT- BARPETA
ASSAM

PIN- 781313.

2: ROSHWARA AHMED
WIFE OF ZEHIDUL ISLAM

RESIDENT OF VILLAGE- MAJGAON

P.O.- MAJGAON
 P.S.- BARPETA

DISTRICT- BARPETA
ASSAM

PIN- 781313.
VERSUS
                                                                                        Page No.# 14/18


             THE STATE OF ASSAM AND 2 ORS
             REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
             GOVERNMENT OF ASSAM

             SECONDARY EDUCATION DEPARTMENT

             DISPUR
             GUWAHATI- 781006.

             2:THE DIRECTOR TO THE GOVERNMENT OF ASSAM
              SECONDARY EDUCATION DEPARTMENT
             KAHILIPARA
              GUWAHATI- 781019.

             3:THE INSPECTOR OF SCHOOLS
             BARPETA DISTRICT CIRCLE
             BARPETA
             ASSAM
             PIN- 781301.
             ------------
             Advocate for : MR D J DAS
             Advocate for : SC
             SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS



                                      BEFORE
                          HONOURABLE MR. JUSTICE KARDAK ETE

                                               ORDER

Date : 20-03-2025

Heard Mr. R.M. Deka, learned counsel for the petitioners in WP(C) 5957/2024, WP(C) 6107/2024, WP(C) 6368/2024; Mr. D.J. Das, learned counsel for the petitioner in WP(C) 3378/2023 and Mrs. A. Bujarbaruah, learned counsel for the petitioners in WP(C) 5883/2024, WP(C) 5931/2024, WP(C) 6176/2024 and WP(C) 6202/2024. Also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education Department for all the respondents.

2. As these batch of writ petitions involved similar facts and law, the same are heard analogously and disposed of by this common order.

3. The writ petitions have been instituted praying for provincialisation of the services of the petitioners as teachers/tutors in different schools in the districts of Kamrup, Barpeta, Cachar, Dhemaji and Sonitpur, by seeking similar relief as provided in the judgment and order passed in a batch of writ petitions, leading case being WP(C) 1353/2022.

Page No.# 15/18

4. In WP(C) 6368/2024, WP(C) 5957/2024 and WP(C) 6107/2024 the petitioners were appointed as lecturer and teachers at Kalatoli Kathmi, Anchalik Senior Secondary School, Kamrup; Assam. In WP(C) 3378/2023, the petitioners were appointed as lecturers in Navasakti Senior Secondary School, Majgaon. In WP(C) 5883/2024 the petitioner was appointed as teacher in Islam Jeuti B.D.K. High Madrassa. In WP(C) 5931/2024, the petitioners No.1, was appointed as teacher at Kinnakhal Public High School, petitioner No.2 was appointed as teacher at Hatikhal High School, Cachar, petitioner No. 3 and 4 were appointed as teachers at Swadhin Bazar High School, and petitioner No.5 was appointed as teacher at Kali Prasad Bindu Basini Girls High School. In WP(C) 6176/2024 the petitioner was appointed as Assistant teacher in Kadamtal H.E. School and in WP(C) 6202/2024 the petitioners No.1 and 2 were appointed as teachers in Sarbudoi High School, Assam; petitioner No. 3 was appointed as teacher in Jamuguri Panchali High School; petitioner No.4 was appointed as teacher at Punsang High School, Assam, petitioner No.5 was appointed as teacher in Sili Surjyodai High School, Dhemaji; petitioner No.6 was appointed as teacher in Phulbari High School, petitioner No.7 was appointed as teacher in Mahatma Gandhi High School and petitioner No.8 was appointed as teacher in Somkong High School.

5. The District Scrutiny Committee in terms of the provision of Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short, "Act of 2017") recommended for provincialisation of the services of the petitioners as teachers/tutors. However, the services of the petitioners have not been provincialised on the ground that their names are not reflected in DISE Code.

6. Mr. R.M. Deka, and Mrs. A. Bujarbaruah, learned counsels for the petitioners have submitted that under the Act of 2017, there is no requirement of reflecting the names of the teachers/tutors of the venture senior secondary/secondary school in the DISE Code for provincialisaltion of their services. Therefore, they submit that the rejection of the case of the petitioners for provincialisation of their services on the ground of not reflecting their names in the DISE Code is not tenable and as such, a direction may be issued to the respondent authorities to provincialise the services of the petitioners in accordance with the said Act, 2017.

7. The learned counsel for the petitioners by relying on the judgment of the Coordinate Bench of this Court in the case of Kishor Kumar Nath and Others -vs- State of Assam and other batch of writ petitions reported in 2023 SCC Online GAU 1487 submits that the above judgment and order squarely covers the case of the petitioners in the present case.

Page No.# 16/18

8. Mr. N.J. Khataniar, learned Standing Counsel, Secondary Education Department, fairly submits that the judgment and order as relied upon by the learned counsel for the petitioners in the case of Kishor Kumar Nath (supra) covers the case of the present petitioners and therefore, he would not have any objection to the prayer made by the learned counsel for the petitioners in the present proceedings.

9. Having considered the submissions of the learned counsel for the parties and also on perusal of the judgment and order in Kishor Kumar Nath (supra), I am of the view that the above case squarely covers the present cases. Thus, it would be appropriate to provide a similar relief to the present petitioners.

10. A reference may be made to the relevant paragraphs in the case of Kishor Kumar Nath (supra). Paragraphs 9, 14, 16, 17, 18 and 19 are quoted herein below:-

"9. However, the requirement of capturing in the DISE Code upto 2009-10 as well as a proviso similar in content to Section 2 (za) & 2 (zb) of the Act of 2017 is not seen in the definition of "Venture High School" or "Venture Higher Secondary School" as defined in Section 2 (x) & 2 (y) of the Act of 2017.

14. From the above quoted provision, it transpires that the services of teachers or tutors subject to fulfillment of all other provisions of the Act of 2017 shall be deemed to have been provincialised on the date of publication of the provincialisation order by Notification in the official Gazette and they shall become employees of the State Government with effect from such date. Section 4 (2) of the Act of 2017 stipulates the fulfillment of various criteria. In terms with Clause (i) of Section 4 (2) of the act of 2017, the teacher and/or tutor must have been working as a teacher in the concerned Venture Educational Institution as mentioned in Section 3 (1) (i) that have been recognized by the competent authority on or before 01.01.2006. The said teacher and/or tutor in terms with Clause

(ii) must have minimum educational and professional qualifications as laid down under different Acts, Rules and Regulations as mentioned in Section 6 or any other relevant statutory provisions, as the case may be.

The teachers and/or tutors in terms with Clause (iii), whose services are required to be provincialised must also have rendered at least 6 years continuous service as on 01.07.2017 from the date of joining in the concerned Venture Educational Institution which must be on 31.12.2010 or prior to that date. Sub-Clause (iv) of Section 4 (2) deals with those teachers and/or tutors in respect to special subjects like Sanskrit, Arabic, Hindi, Craft Teacher, Music Teacher and other Classical Teachers in respect of whom the number of students appeared in the concerned final examination like HSLC and HS (10 + 2) conducted by the SEBA or the ASHEC, as the case may be, shall not be less than 10 students in each class per year during last three years. This Section also do not envisage the requirement of the names of teachers of "Venture High School" or "Venture Higher Secondary School" to be captured in the DISE Code.

Page No.# 17/18

16. Therefore, a conjoint reading of the provisions referred to hereinabove in respect to the Act of 2017 there is no requirement for the names of the teachers working in the "Venture High School" as well as "Venture Higher Secondary School" as defined in Section 2 (x) and 2 (y) of the Act of 2017 to have their names captured in the DISE Code as is otherwise required in the case of a teachers/tutors whose services are to be provincialised in respect of "Venture ME School" and "Venture Lower Primary School" as well as "Venture Upper Primary School" as defined in Sections 2 (za), 2 (zb) and 2 (zc) of the Act of 2017 wherein the names of such teachers or tutors are required to be captured in the DISE Code up to 2009-10.

17. In the backdrop of the above, let this Court take into consideration the case of the petitioners before this Court in the present batch of writ petitions. The learned counsel for the petitioners has submitted that the concerned respondent authorities have not processed the proposals for provincialisation of the services of the petitioners who are working in "Venture High Schools" and "Venture Higher Secondary Schools" on the ground that the petitioners' names are not captured in the DISE Code. It is also the case of the petitioners that the concerned authorities have issued communication not to process such proposals of provincialisation of services of teachers/tutors whose names have not been captured in the DISE Code.

18. This Court, on the basis of the above analysis of the provisions of the Act of 2017, is of the opinion that the insistence of the respondent authorities of the names of petitioners who have been rendering services in "Venture High School" and "Venture Higher Secondary School" to be captured in the DISE Code of 2009-10 is contrary to the Act of 2017 as it is not the mandate of the Act of 2017 to fulfill such requirement in respect to such teachers and/or tutors working in "Venture High School" and "Venture Higher Secondary School" to have their names captured in the DISE Code upto 2009-10. Such insistence is arbitrary and contrary to the provisions of the Act of 2017 and accordingly interfered with.

19. Taking into account the same, this Court therefore, disposes of the instant batch of writ petitions with a direction to the concerned respondent authorities, more particularly, the Director of Secondary Education Department to consider the case of the petitioner for provincialisation of their services as teachers and/or tutors by making necessary verification in terms with Section 4 of the Act of 2017 and without insisting upon their names being captured in the DISE Code of 2009- 10 or prior thereto. This exercise be completed within 6 (six) months from the date a certified copy of this judgment is served upon the Director of Secondary Education Department.

11. Having perused the above judgment and order and also considering the fair submissions of the learned counsel for the parties, these batch of writ petitions are disposed of by providing similar relief Page No.# 18/18

to the petitioners as provided in the case of Kishor Kumar Nath (supra).

12. Accordingly, the Director of Secondary Education, Government of Assam is directed to consider the case of the petitioners for provincialisation of their services as teachers/tutors by making necessary verification as per the provision of the Act of 2017 without necessitating upon their names being captured in the DISE Code of 2009-10 as provided in the above case. The entire exercise be completed within a period of 6 (six) months from the date of receipt of the certified copy of this order.

13. With the above observations and directions, the writ petitions are allowed and disposed of.

JUDGE

Comparing Assistant