The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.

JUDGMENT :

N. Unni Krishnan Nair, J.

1. Heard Mr. T. N. Srinivasan, learned counsel for the petitioner. Also heard Ms. P. Das, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 2 & 4; and Mr. B. Deuri, learned Government Advocate, appearing on behalf of respondent No. 3.

2. As consented to by the learned counsels appearing for the parties; the matter is taken up for final consideration and disposal.

3. The petitioner by way of instituting the present writ petition, has presented a challenge to an order, dated 14.12.2023, issued by the Secretary to the Government of Assam, Department of School Education, rejecting the claim of the petitioner for provincialization of his services as a Post Graduate Teacher (3rd post in the Department of Education) in Nagabandha Junior College, Morigaon.

4. As projected in the writ petition that the petitioner on being found to be suitable, was appointed by the Managing Committee of Nagabandha Junior College, Morigaon(presently Nagabandha Senior Secondary School) as a Lecturer in the Department of Education by way of adopting a resolution in its meeting held on 08.11.2008. The petitioner, accordingly, his services as a Lecturer in the said school on 11.11.2008.

5. It is contended by the petitioner in the writ petition that on enactment of the Assam Education (Provincialization of Services of Teachers and Re- organization of Educational Institutions) Act, 2017; the cases of serving eligible teachers of the said school were submitted by the Principal of the school before the departmental authorities for provincialization of their services. Accordingly, the case of the petitioner and other teachers of the said school came to be placed before the jurisdictional District Level Scrutiny Committee(DLSC) for verification of their service particulars.

6. Upon the process of verification as mandated in the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, having been concluded; the jurisdictional District Level Scrutiny Committee (DLSC) proceeded to recommend the names of the serving Lecturers in the said school found eligible for provincialization of their services. In the recommendations so made, the name of the petitioner was also included as a Lecturer and he was so recommended to be eligible for provincialization of his services as a Teacher. Thereafter, on conclusion of the process so involved; the Director, Secondary Education Department, Assam, vide order, dated 04.02.2021, proceeded to provincialize the services of the Lecturers working in the said school as Teachers/Tutors. The provincialization as effected vide the order, dated 04.02.2021, of the teachers so found to be eligible, was so effected w.e.f. 01.01.2021. However, the name of the petitioner was not included in the said list and accordingly, he was left out from the purview of provincialization of his services.

7. The petitioner, in the writ petition, has brought on record, a communication, dated 11.02.2021, issued by the Inspector of Schools, Morigaon District Circle, Morigaon, to the Director, Secondary Education Department, Assam, wherein, upon an enquiry been conducted; reports came to be submitted in respect of the teachers involved in the matter in the inquiry including the petitioner, herein. In respect of the petitioner, it was provided that the petitioner had joined the said school on 11.11.2008 and he fulfilled the other requisite criterias and accordingly, his name was required to be considered for provincialization of his services in accordance with the Government norms. However, no steps having been taken, thereafter, in the matter; the petitioner was constrained to approach this Court by way of filing a writ petition being WP(c)7103/2021, praying for provincialization of his services. This Court, vide order, dated 24.11.2022, noticing the issues as arising in the matter, was pleased to direct the petitioner, herein