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N. UNNI KRISHNAN NAIR
Khagen Saikia – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
1. Heard Ms. M. Borah, learned counsel for the petitioner. Also heard Ms. P. Das, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 2, 3, 4 & 5; and Mr. B. Deuri, learned Government Advocate, appearing on behalf of respondent No. 6. However, none has entered appearance on behalf of respondents No. 7 & 8 inspite of service of notice.
2. The petitioner by way of instituting the present writ petition, has prayed for a direction upon the respondent authorities to provincialize his services as an Assistant Teacher (Science) in Madhav Dev High School, Gohpur, w.e.f. 01.01.2013.
3. As projected in the writ petition; the petitioner was appointed as a Science teacher in the said school on 02.04.2010 by the Headmaster of the school. Thereafter, the Managing Committee of the said school adopted a resolution in its meeting held on 02.04.2010 to appoint the petitioner as the second teacher of Mathematics in the school, in question. The senior teacher teaching the subject of science in the said school, having resigned from his post, the petitioner, vide a resolution, dated 21.08.2012, was appointed as a Science te
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 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'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 entitlement for provincialisation under the relevant Acts of 2011 and 2017 is based on the service particulars and requirements specified in the Acts.
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 ....
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 court mandated reconsideration of the petitioner's claim for provincialisation as a Social Science Teacher, emphasizing adherence to statutory requirements under the Act.
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