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SUMAN SHYAM, ARUN DEV CHOUDHURY
Mohor Ali Sheikh – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(Suman Shyam, J)
Introduction :-
This batch of writ petitions instituted by several Venture Educational Institutions, individual as well as groups of teaching and non-teaching staffs of Venture Educational Institutions from the State of Assam, lay challenge to several provisions of “The Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017” (hereinafter referred to as “the Act of 2017”) as well as the provisions of “The Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) (Amendment) Act, 2018” (here-in-after referred to as the Amendment Act of 2018). The writ petitioners are basically aggrieved due to failure on the part of the State Government of Assam to provincialise their services. Since the vires of the Act of 2017 as well as the Amendment Act of 2018 are under challenge in these writ petitions, hence, by the order dated 27/04/2023 passed in W.P.(c) 2729/2019 and the batch of connected writ petitions, all these 80 writ petitions were bunched together and posted for analogous hearing. During the course of hearing, for the sake of convenience, these wri
Retrospective application of cut-off dates in legislation violating vested rights is unconstitutional under Article 14; tutors as government servants are entitled to equal treatment with regular pay ....
Provincialisation of teachers' services must adhere to qualifications on the date of provincialisation, not on the date of entry into service.
Provincialisation of services under the Assam Venture Institutions Act requires compliance with statutory procedures, and cannot be deemed without a final decision from the State Government, especial....
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
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 ....
The main legal point established in the judgment is that seniority in the respective category of teachers is the primary criteria for provincialisation under the Assam Venture Educational Institution....
Provincialisation of service under the Act allows for individuals to be designated as Tutors without holding a degree, requiring them to acquire necessary qualifications within five years for upgrade....
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