Point of Law : Issues involved in instant writ petition can be decided by a fact finding authority i.e. Educational Tribunal constituted under Section 19(2) of Act.

JUDGMENT :

1. Heard Mr. A.H.M.R. Choudhury, the learned counsel for the Petitioner and Mr. P.N. Sharma, the learned counsel for the Elementary Education Department. I have also heard Dr. B. Ahmed, the learned counsel appearing on behalf of the Respondent Nos. 6 and 7.

2. This Court by taking into consideration that for adjudicating the stay vacating application filed seeking vacation/modification/alteration of the order dated 04.03.2021 which have been registered as I.A. (Civil) No.2409/2021 would have to enter into the merits, this Court vide orders dated 29.04.2022 and 09.05.2022 had taken up the instant writ petition for final disposal.

3. The case of the Petitioner in the writ petition is that Jamira Katanala M.E. Madrassa (hereinafter referred to as “the School”) was established on 01.04.1984 which got recognition of the Director of Elementary Education vide an order dated 29.12.2005 with effect from 01.01.2005. The said School was captured in the DISE Code of 2009-10 bearing DISE Code No.18230200808.

4. The Petitioner was appointed as an Assistant Teacher (II) in the said school by an order dated 01.02.2005 and on 02.02.2005, the Petitioner joined the School as an Assistant Teacher. It is the case of the Petitioner that he has been teaching Social Science in the said school. The “Assam Education (Provincialization of Services of Teacher and Re-organization of Educational Institutions) Act, 2017 (hereinafter referred to as the “Act of 2017”) was enacted to provincialize the services of teachers of Venture Educational Institutions and also to re-organize and streamline the Educational Institutions upto the degree level in Assam so as to confirm to the prevailing statutory norms and standards with a further objective to restrict any further growth of such Venture Educational Institutions in Assam. Pursuant to the enactment to the Act of 2017, the school authorities were directed to submit the particulars of teaching and non-teaching staff of the institutions before the District Scrutiny Committee who after due verification and scrutiny has to forward the same before the Directorate of Higher Education for consideration of provincialization. It is the case of the Petitioner that the Headmaster of the School who happened to be the Respondent No.6 in the instant proceedings submitted the Annexure-B including the names of the teaching and non-teaching staff on 05.06.2017 before the District Level Scrutiny Committee for scrutinizing and recommendation for provincialisation of services of the teachers. The said Annexure-B has been enclosed as Annexure-2 to the writ petition and on a perusal thereof shows that the Petitioner’s name appears as a teacher teaching Social Science. At this stage, it may be also relevant to take note of that against the Respondent No.6’s and Respondent No.7’s name, it has been shown that the said respondents were teaching English and Bengali respectively.

5. The Petitioner on coming to learn that the District Level Scrutiny Committee did not recommend the name of the Petitioner before the State Level Scrutiny Committee for provincialization in order to accommodate the Respondent Nos.6 and 7 in place of the Petitioner, he approached this Court by filing a writ petition being WP(C) No.9465/2019. This Court vide an order dated 19.02.2020 disposed of the said petition directing the Petitioner to approach the State Level Scrutiny Committee as regards the decision made by the District Level Scrutiny Committee regarding the provincialization of teachers in terms with Section 14 of the Act of 2017 and accordingly, granted the petitioner liberty to file an appeal before the State Level Scrutiny Committee within 15 days from the date of receipt of the certified copy of the order and the State Level Scrutiny Committee was directed to consider the said appeal in accordance with law after affording a hearing to the Petitioner. It was further mentioned that the State Level Scrutiny Committee shall pass a speaking order as