N. UNNI KRISHNAN NAIR
Geetamoni Bhuyan – Appellant
Versus
State of Assam – Respondent
ORDER :
N. Unni Krishnan Nair, J.
1. Heard Mr. K. Uddin, learned counsel for the petitioners. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, appearing for the respondents.
2. As agreed to by the learned counsels appearing for the parties; this writ petition is taken-up for final consideration and disposal.
3. The petitioners, by way of instituting the present proceeding have raised a grievance with regard to non-consideration of their cases for provincialisation of their services as Tutor/Teacher in Goalpara Girls' Junior College, on the ground that their names were not captured in the DISE Data as maintained for the said Junior College.
4. As projected in the writ petition, the petitioner no. 1 herein was appointed as a Lecturer in Logic & Philosophy on 25.11.2010 by the Managing Committee of the said Junior College and had joined in her services in the said Junior College on 30.11.2010. Thereafter, it is contended that her services was upgraded to the 1st post of Lecturer in Logic & Philosophy in the said College. Likewise, the petitioner no. 2 was appointed as a Lecturer in History (3rd post) vide an order of appointment dated 24.11.2010, issued by
The absence of names in DISE Data does not justify exclusion from provincialisation under the Assam Education Act; teachers in Venture Junior Colleges are not required to be listed in DISE Code.
The Act of 2017 does not mandate teachers working in 'Venture High School' or 'Venture Higher Secondary School' to have their names captured in the DISE data, and the conclusions reached by the SLSC ....
The 2017 Act does not require teachers in a Venture Higher Secondary School to have their names in the UDISE Data, and the Director's rejection based on this ground was in violation of the Act and th....
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 court established that administrative negligence in record-keeping cannot justify the denial of provincialisation of service, ensuring equal treatment under the law.
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
The omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
Point of Law : Section 19 of the Right of Children to Free and Compulsory Education Act, 2009, no school shall be established, or recognized, under Section 18 unless it fulfils the norms and standard....
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.
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