IMPORTANT POINT
The Court established that seniority for provincialization of teachers' services must be determined based on accurate service records as per the Assam Education Act, 2017.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. M. Islam, learned counsel for the petitioner in WP(C)/4564/2023. Also heard Mr. B. Kaushik, learned Standing Counsel for the Elementary Education Department appearing for the respondents no. 1, 3, 5, 6 & 7 and Mr. G. Pegu, learned Government Advocate appearing for the respondent no. 4; Mr. B. Gogoi, learned Standing Counsel for the Finance Department appears for the respondent no. 4 as well as Mr. M. Khan, learned counsel appears for the respondents no. 9 & 10 in WP(C)/4564/2023.

2. As agreed to by the learned counsel appearing for the parties, the above noted writ petitions are taken up for final consideration and disposal.

3. In the above noted writ petitions, the grievance of the petitioners pertain to provincialization of services of serving teachers in Kesharvita M. E. Madrassa.

In WP(C)/4564/2023, the petitioner, therein, had presented a challenge to an order dated 26.06.2023, issued by the Director of Elementary Education, Assam, cancelling the provincialization as effected in the case of the petitioner vide an order dated 05.02.2021 w.e.f. 01.01.2021.

In WP(C)/4881/2023, the petitioner has prayed for a direction upon the respondent authorities, for issuance of consequential orders in pursuance to the order dated 26.06.2023, issued by the Director of Elementary Education, Assam, holding the petitioner to be eligible for provincialization of his services as Assistant Teacher in the above noted school.

WP(C)/4564/2023

4. The petitioner, herein, has contended that he was appointed as an Assistant Teacher of Kesharvita M.E. Madrassa, by the Managing Committee of the school vide an order dated 15.06.1993. The petitioner contends to have joined his services in the said school on 16.03.1993.

5. The respondent no. 9, herein, was contended to be appointed as a Headmaster of the said school by its Managing Committee, vide an order dated 13.01.1993 and he was contended to have joined his services on 14.01.1993,

6. The petitioner projects that the respondent no. 9 submitted his resignation from the post of Headmaster on account of the fact that he did not possess the minimum educational qualification for being appointed as a Headmaster of the school. Thereafter, one Nurul Ahmed was appointed as the Headmaster of the school by its Managing Committee.

7. The respondent no. 10, herein, Abul Hasen was contended to have been appointed vide an order dated 18.05.1998, in the school by its Managing Committee as a Teacher. In the year 2002, on a vacancy arising in the post of Headmaster of the school, on resignation of the incumbent therein, the Managing Committee of the school, promoted/appointed the petitioner to act as the Headmaster of the school w.e.f., 11.03.2002.

8. The petitioner contends that he had taken over the charge of the post of Headmaster of the school on 12.03.2002. The petitioner has also projected that the respondent no. 9, herein, was subsequently appointed again afresh in the school on 11.03.2002, against the vacancy caused by the promotion/appointment of the petitioner, herein to the post of Headmaster in the said school.

9. On the enactment of the “The Assam Education (Provincialisation of services of Teachers and Re-organisation of Educational Institutions) Act, 2017” (Act of 2017), the cases of the eligible serving teachers of the school were considered for provincialisation of their services and in terms of the considerations so made, the respondent authorities, vide an order dated 05.02.2021, proceeded to provincialize the services of the petitioner, herein, along with that of the respondent no. 9 and another teacher viz., Mohammed Edrish Ali w.e.f., 01.01.2021.

10. The said provincialisation as effected in the case of the petitioner, herein and the respondent no. 9, was assailed by the respondent no. 10, herein by way of instituting WP(C)/3650/2021.

11. This Court, vide order dated 17.12.2021, proceeded to dispose of the writ petition, directing the Director of Elementary Educatio