IN THE HIGH COURT OF GAUHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN
Dharani Chandra Brahma, S/o Late Gobind Ram Brahma – Appellant
Versus
State of Assam – Respondent
JUDGMENT
Heard Mr. D.S. Deka, learned counsel for the petitioner. Also heard Mr. P.N. Sharma, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.1 and 2; Mr. P. Nayak, learned standing counsel for the respondent Nos.3—5 and Mr. S.C. Pandit, learned counsel for the respondent Nos.6 and 7.
2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Dharani Chandra Brahma has prayed for issuing direction to the respondent authorities to provincialize his service as tutor in the Bodofa Upendra Nath Brahma M.E. School, District-Baksa as per rules enacted by the Government of Assam and alternatively also prayed for issuing direction to the State respondents to dispose of the representation pending before the respondents by examining the matter related to this writ petition.
3. The background facts leading to filing of the present petition, is briefly stated as under:-
Sudama Singh v. Nath Saran Singh & Ors.
Baharul Islam v. State of Assam & Ors.
Sahidur Islam v. State of Assam & Ors.
Secy., ONGC Ltd. v. V.U. Warrier
Veerappa Pillai v. Raman & Raman Ltd.
Sangram Singh v. Election Commissioner, Kotah & Anr., 1955 2 SCR 1)
The omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
The court established that administrative negligence in record-keeping cannot justify the denial of provincialisation of service, ensuring equal treatment under the law.
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)....
A senior language teacher has the primary claim for provincialisation under the Assam Education Act, and failure to provide justifiable reasons for excluding such a claim is arbitrary.
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
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....
Claim made by the respondent no. 9 that he was working in the Kurshakati M.E. Madrassa from 14.11.2006 till his name was entered as Headmaster w.e.f. 30.09.2011 in the DISE data does not inspire the ....
Continuous service is essential for eligibility for provincialisation under the Assam Education Act, and valid termination negates claims for such benefits.
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.
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