IMPORTANT POINT
The Act of 2017 does not mandate teachers working in 'Venture High School' or 'Venture Higher Secondary School' to have their names captured in the DISE data, and the conclusions reached by the SLSC were contrary to the provisions of the Act.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel for the Secondary School Department representing the respondents no. 1, 2, 3 & 5 and Mr. B. Deori, learned Junior Government Advocate representing the respondent no. 4 as well as Ms. P. Das, learned Standing Counsel for the SSA, Assam representing the respondents no. 6 & 7.

2. The grievance raised in the present proceeding by the petitioner pertains to the denial to her of the benefit of provincialisation of her services on the ground that her name does not figure in the DISE Code of the school for the years 2014, 2015 and 2016.

3. The petitioner was appointed a Music Teacher in the Digor Srikona High School on 24.12.1997. The petitioner joined the said school on 30.12.1997. The school during that relevant point of time was in the Venture stage. The services of the petitioner and the other teachers working in the said school were approved by the jurisdictional Inspector of Schools vide his order dated 24.09.1998.

4. The cases of the teachers and non-teaching staff working in the said school were taken up for consideration for provincialisation of their services under the provisions of Assam Venture Educational Institution (Provincialisation of Services) Act, 2011. On consideration of their cases, while the case of other teaching and non teaching staff of the school came to be provincialised, the petitioner was not extended with such benefit and her name was dropped from the process of provincialisation. Thereafter, the case of the petitioner was considered under the provisions of the Assam Education (Provincialisation of Services of Teachers & Re-Organisation of Educational Institutions) Act, 2017 (for short, the Act of 2017). On the claim of the petitioner being placed before the jurisdictional District Level Scrutiny Committee (For short DLSC), the said committee, on scrutiny of the particulars of the petitioner, recommended her name for provincialisation of her services to the State Level Scrutiny Committee (For short SLSC). The SLSC on consideration of the matter and finding that the name of the petitioner was not included in the DISE data of the school for the years 2014, 2015 and 2016 resolved not to recommend the name of the petitioner for provincialisation of her services.

5. The entreaties made by the petitioner before the authorities for provincialising her services having failed to evoke any response, the petitioner had initiated the present proceedings.

6. It is an admitted position that the SLSC had refused to recommend the name of the petitioner only on the ground that her name did not figure in the DISE data of the school for the years 2014, 2015 and 2016. The petitioner is working in a High School and in terms of the provisions of the Act of 2017, the names of the teachers working in a Venture High School or a Venture Higher Secondary School are not mandated to be captured in the DISE Code or the UDISE Code. The definition of “Venture High School” and “Venture Higher Secondary School” can be seen in Section 2(x) and 2(y) of the 2017 Act, which are reproduced herein-below:

“2. (x) “Venture High School” means High School imparting education up to class X and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government and recognition from the Board of Secondary Education, Assam on or before 1.1.2006 and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far.

(y) “Venture Higher Secondary School” means a Higher Secondary School imparting education up to Class XII and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government on or before 01.01.2006 and whereof the services of teachers have not been provincialised under any Act earlier enacted by the State legislature so far.”

7. This Court further a