JUDGMENT :

Heard Mr. M.R. Khandakar, learned counsel for the petitioner and Mr. U. Sarma, learned counsel for the respondents in the Secondary Education Department.

2. The writ petitioner Abdul Awal was appointed as an Assistant Teacher in the Namergaon High School as per the order of the Inspector of Schools, DDC, Dhubri dated 20.02.2004 and in the order of appointment, his qualification is stated as P.U passed. The services of some of the other teachers of Namergaon High School were provincialised under the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011 (in short Act of 2011). Being aggrieved, the petitioner instituted WP(C) No. 581/2016, which was given a final consideration by the order dated 05.12.2017 by providing as extracted:-

“Considering the above, the impugned order dated 06.01.2016 passed by the Director of Secondary Education, Assam is hereby set aside and quashed as the Director while issuing the impugned speaking order dated 06.01.2016 did not consider the provisions of Section 4(3) of the said 2011 in its proper perspective during the time when the said 2011 Act was in force.

Since the said 2011 Act is no longer in force now and the 2017