IMPORTANT POINT
The court established that for determining seniority post-provincialization, the date of birth is the determinable factor when prior service in a venture school is not considered.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. R. Islam, learned counsel, appearing on behalf of the petitioner in WP(c)1792/2023 as well as appearing on behalf of respondent No. 6 in WP(c)3368/2023; and Mr. D. A. Kaiyum, learned counsel, appearing on behalf of the petitioner in WP(c)3368/2023 as well as appearing on behalf of respondent No. 6 in WP(c)1792/2023. Also heard Mr. B. Talukdar, learned standing counsel, Elementary Education Department, appearing on behalf of the State respondents in both the writ petitions.

2. The challenge made in the above-noted writ petitions, is to the orders issued by the respondent authorities for the purpose of holding the charge of the post of Headmaster of Poyesti Chalakura Nuria M.E. Madrassa. A further challenge in the above-mentioned writ petitions is to the inter-se seniority position as assigned to the petitioners in both the writ petitions.

3. The facts requisite for adjudication of the issues arising in the present proceedings, is so noted from the writ petition being WP(c)1792/2023 and the parties are also denoted in terms of their placement in the said writ petition.

4. The petitioner in WP(c)1792/2023 was appointed by the School Management Committee(SMC) of Poyesti Chalakura Nuria M.E. Madrassa, as an Assistant Teacher on 21.04.1993. The said school at the relevant point of time, was a venture school. The respondent No. 6, herein, was appointed as an Assistant Teacher(Arabic) in the said school by its School Management Committee(SMC) on 10.08.1987. With the enactment of the Assam Venture Educational Institutions (Provincialization) Act, 2011; the cases of the serving teachers of the said school were considered for provincialization of their services under the said Act of 2011. In terms of the consideration so made; the respondent No. 6, herein, was provincialized as an Assistant Teacher(Arabic) in the school, in question, vide issuance of the order, dated 19.12.2013 w.e.f. 01.01.2013. The respondent No. 6 accordingly joined as a provincialized teacher on 23.12.2013.

It is to be noted that the service of the petitioner, herein, was not provincialized on account of the fact that one of the serving teachers of the said school had approached this Court by way of instituting a writ petition being WP(c) 2749/2013, assailing the consideration as made in the case of the petitioner, herein, as the second teacher of the said school.

On account of the interim directions passed by this Courtin the above-noted writ petition; the service of the petitioner, herein, was not provincialized along with the other serving teachers of the school, in question. Thereafter, upon disposal of the said writ petition being WP(c)2749/2013, and the subsequent rejection by the authorities of the case of the petitioner, therein, for provincialization; the Director, Elementary Education Department, Assam, vide order, dated 17.11.2014, proceeded to provincialize the service of the petitioner, herein, in the said school as an Assistant Teacher w.e.f. 01.01.2013.

Thereafter, on 31.01.2023, the incumbent in the post of Headmaster of Poyesti Chalakura Nuria M.E. Madrassa, having retired from his service on attaining the age of superannuation and a vacancy accordingly being available in the said post; a move was initiated for allowing one of the senior teachers to hold the charge of the post of Headmaster of Poyesti Chalakura Nuria M.E. Madrassa. The jurisdictional Block Elementary Education Officer(BEEO), on 03.01.2023, forwarded a list of 3 senior teachers of the said school for provincialization of their services. The seniority of the teachers in the said list, was assigned basing on the date of their joining in the said school, while it was in the venture stage and accordingly, therein, the respondent No. 6 was placed at Serial No. 1, while the petitioner, herein, was so placed at Serial No. 6. After having prepared the said list, the Block Elementary Education Officer(BEEO), on 06.01.2023, proceeded to prepare