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2022 Supreme(Gau) 98

ACHINTYA MALLA BUJOR BARUA
Joneswari M E School Rep. by The Headmaster of School – Appellant
Versus
State of Assam Rep. by The Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M Khan

JUDGMENT :

Heard Mr. M Khan, learned counsel for the petitioner. Also heard Mr. A Phukan, learned counsel for the respondents no. 1, 2, 3 and 6 being the authorities under the Elementary Education Department, Government of Assam, Mr. B Choudhury, learned counsel for the respondent no. 4 being the authorities under the SSA, Assam and Ms. D D Barman, learned Additional Senior Government Advocate for the respondent no. 5 being the Deputy Commissioner, Kamrup(M).

2. The petitioner Joneswari ME School was subjected to the process for provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (in short, the Act of 2017) and the District Scrutiny Committee, Kamrup(M) had recommended for its provincialisation. In the recommendation of the District Scrutiny Committee, the DISE Code of the school was recorded as 11017113. Inpsite of such recommendation, the provincialisation was rejected as per the order of the Deputy Director, Elementary Education, Assam, which is available as Annexure-12, page-37 to the writ petition. The reason recorded in the order of Deputy Director for not provincialising the services

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