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 from the authorities on or before 01.01.2006 for provincialisation of the services of the teachers / tutors. Certain dates which would be crucial to the issue involved are required to be noted.

4. The Act had received the assent of the Governor on 06.04.2017 which was published on 11.04.2017. The same was published in the Gazette Notification on 06.06.2017. As per Section 1 (3), it was provided that the Act would come into force on such date as the State Government may by notification in the Official Gazette appoint. The Gazette Notification which was published on 06.06.2017, as stated above had notified the date on which the Act would come into force as 05.05.2017.

5. The relevant provision of the Act namely, Section 3 (1) (vii) which lays down the conditions for giving the benefit of provincialisation is extracted herein below :

“Section 3(1)(vii): In addition to the provision under claues (v) above, at least 10 students must have appeared in the last final examination in any subject in case of Venture High School, Venture High Madrassa, or Venture Higher Secondary School or Venture Junior College. At least 15 students in any subject must have appeared in case of Venture Degree College in the last final Examination.”

6. The grievance of the petitioner is that his case for provincialisation has been rejected on the ground that the conditions laid down in the aforesaid provision are not met.

7. I have heard Shri J. Abedin, learned counsel for the petitioner. I have also heard Shri N.J. Khataniar, learned Standing Counsel, Secondary Education Department. The Department has also filed an affidavit-in-opposition on 16.08.2023.

8. Shri Abedin, the learned counsel for the petitioner by referring to the documents annexed to the petition has submitted that the Higher Secondary Examination of the year 2017 was held from February, 2017 to March, 2017 and it is not in dispute that the total numbers of students appearing in the subject of Economics in the School were 13. It is the case of the petitioner that the condition of having at least 10 students appearing in the last Examination has to be construed to be the examination held immediately prior to coming in force of the Act and the plain meaning of the aforesaid provision is that it is the examination which was held between February, 2017 and March, 2017 which would be the relevant examination. The learned counsel has also submitted that the aforesaid provision was substituted by an amendment in the year 2018 vide a Gazette Notification dated 18.05.2018. By referring to the relevant documents, the learned counsel has submitted that even for the Higher Secondary Examination for the year 2018 held in between February, 2018 to March, 2018, the numbers of students who had appeared in the subject of Economics were 11.