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SANJAY KUMAR MEDHI
Prafulla Kumar Nath S/o Lt. Bholaram Nath – Appellant
Versus
State Of Assam – Respondent
ORDER :
As both these writ petitions are filed with a similar grievance and seeking similar relief, the same are taken up together analogously and being disposed of by this common judgment and order.
2. It is the cancellation of provincialisation as Teachers of Higher Secondary Schools, which is the subject matter of challenge. However, before going to the grounds of such challenge, it would be convenient to have the facts of the cases recorded in brief.
3. Shri Prafulla Kumar Nath is the petitioner in WP(C)/260/2015. The case projected is that he was appointed as the Subject Teacher in the year 1997 in the subject of History at Banmukh Higher Secondary School in the district of Sivasagar, Assam. The petitioner claims that the post which he was holding was brought under the provincialization w.e.f., 01.01.2013. However, immediately thereafter the impugned order was passed on 26.12.2014 by which the appointment of the petitioner was cancelled on the ground that there was no Feasibility Report. It is the aforesaid order of cancellation of the appointment which is the subject matter of dispute in this writ petition. The petitioner also alleges that the Feasibility Report was sought for b
In matters of provincialization of teachers, seniority within the respective category is the sole criterion for determining eligibility when the number of employees exceeds sanctioned posts. Subject ....
The Court established that seniority for provincialization of teachers' services must be determined based on accurate service records as per the Assam Education Act, 2017.
A senior language teacher has the primary claim for provincialisation under the Assam Education Act, and failure to provide justifiable reasons for excluding such a claim is arbitrary.
The omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
Provincialisation of services under the Assam Venture Institutions Act requires compliance with statutory procedures, and cannot be deemed without a final decision from the State Government, especial....
The revival of provincialisation orders for teachers is permissible following the enactment of new legislation that addresses the rights of employees previously affected by a struck-down statute.
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.
Administrative decisions regarding the provincialization of educational institutions must be based on a comprehensive assessment of all available evidence, including historical records, and must be c....
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