IMPORTANT POINT
The provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 do not mandate teachers working in certain schools to have their names captured in the DISE data, and this was a key factor in the court's decision.

JUDGMENT :

Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned standing counsel, Education (Secondary) Department, representing the respondent Nos.1, 3 & 5; Mr. B. Gogoi, learned standing counsel, Finance Department, representing the respondent No.2 and Mr. B. Deori, learned Junior Government Advocate, Assam, representing the respondent No.4.

2. The petitioner, by way of instituting the present proceedings, has prayed for a direction from the respondent authorities to extend to him the benefit of provincialisation of services w.e.f. 01.01.2013 in terms of the order dated 20.08.2013, by which the services of other eligible serving teachers in Swadhin Bazar High School, Cachar came to be provincialised. The petitioner was initially appointed by the Managing Committee of Swadhin Bazar High School on 20.06.1994 as a Persian Classical Teacher in the said School. The said School, at the relevant point of time, was a venture School. The case of the serving eligible teachers in the said School was taken up for consideration under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (for short, “2011 Act”) and vide an order dated 20.08.2013, the services of the teachers working in the said School came to be provincialised, however, the name of the petitioner was dropped from the purview of such provincialisation. It is to be noted that the said provincialisation of services of the teachers found eligible in the said School was so effected w.e.f. 01.01.2013.

3. The petitioner being aggrieved on account of non-extension of the benefits of provincialisation of his services to him, approached this Court by way of instituting WP(C) No.1891/2016. This Court, vide order dated 18.03.2016, upon noticing the grievances raised by the petitioner required the Director of Secondary Education, Assam to dispose of the application as preferred by the petitioner under “B” Format by a speaking order regarding the entitlement of the petitioner for having his services provincialised as a Classical Teacher in Persian in the School in question. It is the contention of the petitioner that upon such scrutiny of the “B” Format, the respondent authorities had published a list of teachers found eligible for provincialisation of their services and against the District of Cachar, the name of the petitioner figured therein and he was denoted to be eligible for provincialisation of his services. Thereafter, the services of the petitioner not being provincialised, he has instituted the present proceedings.

4. Mr. A.M. Barbhuiya, learned counsel for the petitioner submits that the directions of this Court passed vide order dated 18.03.2016 in WP(C) No.1891/2016 having been considered by the respondent authorities and his case being found to be eligible for provincialisation of his services as a Classical Teacher in Persian, the respondent authorities ought to have taken the matter to its logical conclusion by issuing orders towards provincialising his services. It is the contention of the learned counsel for the petitioner that from the affidavit as filed by the Director of Secondary Education, Assam, it is seen that a plea has been raised that the case of the petitioner was not considered for provincialisation of his services due to non-inclusion of his name in the UDISE data for the year 2016.

5. Per contra, Mr. U. Sharma, learned standing counsel, Education (Secondary) Department submits that the petitioner’s name having not been found in the UDISE data for the year 2016, his case for provincialisation of the services could not be considered. It is the contention of Mr. Sharma that the inclusion of a name of a serving teacher in the UDISE Code denotes that the said teacher is working continuously in the School and the said factor is relevant for determining the eligibility of such teachers in terms of the provisions of the Assam Education (Provincialisation of Services of Teache