JUDGMENT :

Heard Mr. B P Borah, learned counsel for the petitioners. Also heard Mr. S M T Chistie, learned counsel for the respondents no. 1, 2, 5, 6, 7, 8, 9, 10 and 11 being the authorities under the Secondary Education Department, Government of Assam as well as Mr. I Alom, learned counsel for the respondents no. 3 and 4 being the NCTE.

2. The 23 (twenty three) petitioners herein are subject teachers in different Senior Secondary Schools/Higher Secondary Schools in the various districts of the State and by the order dated 04.02.2021 of the Director of Secondary Education, Assam their respective services were provincialised as tutors.

3. Under Section 2(u) of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (in short, the Act of 2017) a tutor is defined to mean and include Teachers, Assistant Teachers, Classical Teachers, Lecturers, Assistant Professors, Associate Professors, Professors, Principal, Vice-Principal, Demonstrator, Headmaster, Assistant Headmaster, Superintendent, Assistant Superintendent in a provincialised educational institution under the Act of 2017 who are not eligible for provincialisation of