The Government of India, Ministry of Human Resources Development Department, with a view to ensuring free and compulsory education for all children, up to the age group of 14 years, adopted various schemes as an integral part of universalization of elementary education, under 'Sarva Sikshya Abhiyan', commonly known as 'SSA', namely, Non-formal education, District Primary Education Programme, popularly known as 'DPEP', Alternative Schooling, commonly called 'AS', etc., but since these programmes could not cover all the children of 6-14 years age group, the Government of India, Ministry of Human Resources Development Department, adopt#31;ed a new scheme, known as Education Guar#31;antee Scheme, which is called and knows as 'EGS', Under the EGS, EGS centers were required to be set up in those areas, where no schooling facilities existed within a radius of 1.5 Kilometer and where, at least, 15 children, in the age group of 6-14 years, were not going to school. In exceptional cases, however, EGS centers could be established even for 10 children.

2. The Government of Assam signed a Memorandum of Understanding (MOU) with the Department of Elementary Education and Literacy, Government of India, for implemen#31;tation of the EGS. The funds of EGS were shared in ratio of 75:25 between the Central and the State Governments. The EGS centers were to be upgraded to the level of formal schools.

3. The EGS centers were funded under the SSA and were manned by Village Education Committee (in short, 'VEC'). Under the EGS, one Education Volunteer (Sikshya Mitra) was to be appointed in every EGS centre and a Sikshya Mitra was to be selected by the concerned VEC. The EGS prescribed the qualification, for appointment of Sikshya Mitra by laying down that a Sikshya Mitra must have passed higher secondary or equivalent exam from a recognized Board/Organization.

4. What was, however, important is the fact that a candidate, for appointment as Sikshya Mitra, ought to have been from the concerned Gaon Panchayat.

5. On selection, a Sikshya Mitra (educa#31;tion volunteer) was required to enter into an agreement with the VEC. Each of these agreements provided that the contract agreement would stand terminated on completion of a period of eleven months unless renewed. One of the stipulations, under the agreement, was that any service, rendered under the agreement, should not, under any circumstances whatsoever, vest, in the Sikshya Mitras, any right to claim absorption in regular vacancies that existed then, or to be arisen in future, in the said area or in other educational institutions. The Sikshya Mitras were entitled to honourarium of Rs. 1,000/- per month. At a later stage, the honourarium was enhanced to Rs. 1,700/- per month. In course of time, altogether 5017 EGS centers were established throughout the State of Assam and Sikshya Mitras (Education Volunteers) were appointed in those EGS centers.

6. Pursuant to the grant of approval by the Project Approval Board, Government of India, Ministry of Human Resources Development Department, in its 119th meeting held on 25.02.2009, the Government of Assam upgraded altogether 1521 EGS centers to the level of Lower Primary Schools by issuing notification, in this regard, on 31.12.2009, the notification having been issued by the Secretary of Education, Elementary and Secondary Education, Government of Assam, where it was specifically mentioned that upon such upgradation of the 1521 EGS centers to Lower Primary Schools, the EGS centers shall stand abolished. The said notificaticn was followed by another order, contained in letter, dated 06.01.2010, issued by the Commi#31;ssioner & Secretary, Education-cum-Mission Director, SSA, wherein it was stated that upon upgradation of EGS centers, the newly formed LP schools would come under the purview of Education (Elementary) Depart#31;ment and the Director of Elementary Education. In the said letter, it was also stated that the academic supports provided by the