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THE HIGH COURT OF GAUHATI AT GUWAHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN
Mrs. Dipa Devi, W/o Fatik Ch. Nath – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. Z. Hamad, learned counsel for the petitioner; Mr. B. Kaushik, learned Standing Counsel for the Elementary Education Department, appearing for respondent Nos. 1, 3 & 4; and Mr. P. Nayak,earned Standing Counsel for the SSA, appearing for respondent No. 2.
2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Mrs. Dipa Devi has prayed for directing the respondent authorities, especially the respondent No. 2 (Director of Elementary Education, Assam) to provincialise the service of the petitioner on the basis of materials available on the record and for setting aside the impugned order dated 20.06.2023, passed by the Director of Elementary Education, Assam, which was passed arbitrarily without justifying the nature and circumstances of the case in its proper perspective. It is to be noted here that vide impugned order dated 20.06.2023, the respondent No.2 had rejected the claim of the petitioner for provincialisation of her service.
Background fact:-
3. The background facts leading to filing of this present petition is briefly stated as under:-
The court established that administrative negligence in record-keeping cannot justify the denial of provincialisation of service, ensuring equal treatment under the law.
The omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
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 ....
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.
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 established that seniority for provincialization of teachers' services must be determined based on accurate service records as per the Assam Education Act, 2017.
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 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 ....
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
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