JUDGMENT :

Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned standing counsel for the Elementary Education Department, appearing for respondent nos. 1 to 3 and 5, Mr. S. Borah, learned standing counsel for respondent no. 4, Mr. P. Saikia, learned Government Advocate, representing respondent no. 6, as well as Mr. M.H. Ahmed, learned counsel for the private respondent nos. 7 and 8.

2) The case of the petitioner is that as per resolution no. 2 adopted in the meeting no. 38 dated 21.03.2008 by the Managing Committee, vide letter dated 21.03.2008 issued by the Headmaster & Secretary of the said school had appointed the petitioner as an H.S. Science Teacher of the West Gaspara Girls’ M.E. Madrassa. It is projected that as the petitioner was mainly teaching Social Studies. Despite recommendation made by the District Scrutiny Committee for provincialisation of his service against Social Studies subject, the Director of Elementary Education, Assam, (respondent no. 2) had issued the impugned order, thereby provincialising the service of 3 (three) A