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N. UNNI KRISHNAN NAIR
Md. Ziaur Rahman – Appellant
Versus
State of Assam – Respondent
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 s
The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.
The petitioner has a vested right for consideration of provincialization of services based on continuous service since 02.04.2010, despite erroneous submission by school authorities.
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.
Point of Law : Issue relating to the claim of provincialisation of the service of (a) Sahidur Islam (petitioner), (ii) Abdur Rashid Sk (respondent no. 7), and (iii) Abual Hussain Sk (respondent no.8)....
The petitioner's entitlement to provincialisation under the Act of 2011 was not established, and he was directed to seek consideration under the Act of 2018.
The court established that eligibility for provincialization of teachers' services must be based on verified service records and seniority, as per the provisions of the relevant Act.
The court mandated reconsideration of the petitioner's claim for provincialisation as a Social Science Teacher, emphasizing adherence to statutory requirements under the Act.
The court affirmed that the petitioner, having been appointed prior to provincialization, has a right to regularization based on continuous service as established by credible documentation.
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