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2021 Supreme(Gau) 96

SUDHANSHU DHULIA, M.R.PATHAK
Kishore Kumar Deka – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
K.N. Choudhury, Advocate, R.M. Deka, Advocate, D.N. Sarma, Advocate, K.P. Pathak, Advocate, A.D. Goswami, Advocate, B.C. Das, Advocate

JUDGMENT

Sudhanshu Dhulia, C.J. - Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. R. M. Deka and Mr. D. N. Sarma, learned counsel for the appellant. Also heard Mr. K. P. Pathak, learned Standing Counsel, Secondary Education, Assam for the respondent nos.1 to 3; Mr. A. D. Goswami, learned counsel for the respondent no. 4 and Mr. B. C. Das, learned senior counsel assisted by Mr. S. Nath, learned counsel for the respondent no. 6.

2. This writ appeal has been filed by the writ appellant challenging the order dated 28.11.2018 passed by the learned Single Judge in WP(C) 5914/2014 whereby the writ petition has been allowed and the provincialisation of the service of the writ appellant/respondent in the writ petition, has been quashed.

3. The matter relates to provincialisation of teachers in a venture school of Assam. A venture school is defined under Section 2 (p) of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, which reads as under:

"2(p) 'Venture High School' means High School including a High Madrassa imparting education up to Class X and established by the people of the locality prior to 1.1.2006 which has received permission fro

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