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2023 Supreme(Gau) 1059

SANJAY KUMAR MEDHI
Jachimuddin Chowdhury, S/o. Late Goriullah Fakir – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Education (Secondary) Deptt. – Respondent


Advocates Appeared:
For the Petitioner: Shri J. Abedin.
For the Respondents: Shri N.J. Khataniar, S.C., Secondary Education Department.

JUDGMENT :

The short question which has arisen for consideration in this writ petition is with regard to the interpretation of Section 3(1)(vii) of the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 qua the issue of provincialisation of the services of teachers / tutors in Venture Higher Secondary School and the fulfillment of the conditions for such provincialisation.

2. The petitioner has contended that he was appointed as a Lecturer / Subject Teacher in Economics in the Baghmara Char Junior College in the year 2002. The said College was a Venture College at that stage and the appointment of the petitioner was as per a Resolution dated 17.08.2002. It is contended that the College had received the final concurrence on 12.08.2005 in respect of nine subjects including the subject of Economics.

3. In the year 2017, the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (hereinafter called the Act) was enacted which was with the object to consider various Educational Institutions which had received permission for 1st year H.S. Classes and concurrence f

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