Michael Zothankhuma, J.

Heard Mr. U.K. Nair, counsel for the petitioner and Mr. M. Nath, counsel for the respondent No.8. Also heard Mr. P. Saikia, counsel for the respondent No.2.

2. The case of the petitioner is that he was appointed as a Lecturer in English on 2.9.96 in Kalatoli Kathmi Anchalik Junior College. The petitioner joined the post on 8.9.96. The petitioner was thereafter upgraded to the 1st post of Lecturer of Alternative English in the said Junior College on 27.10.1996. The Deputy Secretary (Inspection) Assam Higher Secondary Education Council vide letter dated 16.3.2000 granted provisional permission for introducing Alternative English in the first year HS Class of the said Junior College. Thereafter, the Joint Secretary to the Govt. of Assam, Education Department vide letter dated 26.5.2005 accorded Government concurrence in respect of the subject of Alternative English and Sanskrit in the H.S. 1st year Classes in the said Junior College.

3. Counsel for the petitioner submits that the petitioner having been appointed as Lecturer in English on 2.9.96 and having joined the said post earlier than the respondent No.8, who was appointed as Lecturer in Economics on 30.7.97 and joined on 6.8.97, the petitioner being senior to the respondent No.8, the petitioner's name should be above the respondent No.8 in the list of Lecturers for provincialisation. However, the petitioner's name does not figure for provincialisation.

4. Mr. U.K. Nair has submitted that as per Annexure-2 of the affidavit-in-reply filed by the respondent No.8 to the additional affidavit filed by the petitioner, the enrolment of students in the subject of Economics is as follows:

5. Mr. U.K. Nair thus submits that by applying Section 3(1)(ii) of the Assam Venture Educational Institutions (Provincialisation of Service) Act, 2011 (hereinafter referred to as 'the 2011 Act'), the minimum total enrolment of students for a Junior College in a particular subject should be 25. Counsel for the petitioner submits that in respect of Alternative English the subject-wise enrolment for the years 2010-11, 2011-12 and 2012-13 is nil whereas in the subject of English, the subject-wise enrolment is as under:-

6. Mr. U.K. Nair thus submits that as the 2011 Act has come into force w.e.f 5.9.2011, the petitioner's service is entitled to be provincialised in view of Section 3(2) read with Section 3(1)(ii) and 4(2) of the 2011 Act. Mr. U.K. Nair has also submitted that though the petitioner has been upgraded to the post of Lecturer in Alternative English on 27.10.1996, the petitioner has been teaching English all along and whenever there are students for the Alternative English subject, he also teaches Alternative English. Mr. U.K. Nair submits that the recommendation made by the District Scrutiny Committee in favour of the respondent No.8 has been subsequently reviewed and another recommendation has been made in favour of the petitioner by the District Scrutiny Committee as reflected in Annexure-B of the additional affidavit of the petitioner. In the said Annexure-B the petitioner's name is reflected at serial No. 5 and shows her designation as Lecturer in Alternative English. Mr. U.K. Nair submits that the said Annexure-B has been received by the petitioner through a RTI application. He submits that the said document has not been denied or disputed by the respondents. Mr. U.K. Nair thus submits that t