JUDGMENT :

1. Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned counsel for the respondent Nos. 1, 2 and 4 being the authorities under the Elementary Education Department of the Govt. of Assam and Ms. D.D. Barman, learned counsel appearing for the Deputy Commissioner, Karimganj.

2. The petitioner is a teacher in the Kalartook Mothshojibi VLP School, Karimganj having been appointed on 25.4.2007., One of the teachers, namely, Ahmed Banaiamia had been provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (‘Act of 2011’)-As the services of the petitioner was not provincialised along with other teachers, this petition is instituted.

3. Mr. A. Phukan, learned counsel for the Elementary Education Department raises a preliminary objection that the daim of the petitioner for provincialisation is not maintainable inasmuch as, the other teacher was provincialised under the Ad of 2011 and as the said Ad had in the meantime been declared to be ultra vires by the judgment dated 23.9.2016 in WP(C) No. 3190/2012, therefore, no further provincialisation is maintainable. We appreciate the contention raised by Mr