IMPORTANT POINT
The court established that administrative negligence in record-keeping cannot justify the denial of provincialisation of service, ensuring equal treatment under the law.

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 petitioner was appointed as First Assistant Teacher of Dhaniabheti Lalung Gaon Jafaria Muktab Vidyalaya, vide Resolution No. 2, dated 25.06.1984, passed by the Executive Committee of the said school. Thereafter, appointment letter was issued to her on the same day by the Head Mistress of the said school and her name was captured in the DISE Code for the year 2008-09 having Code No. 0107921.

Thereafter, the Headmistress had forwarded the particulars of the school to the District Mission Coordinator of SSA-cum-the District Elementary Education Officer (DEEO), Nagaon for necessary action so as to capture and reflect the name of the petitioner along with other teaching staffs of the said school in the DISE Code for the next years of 2009-10, 2010-11 and 2011-12.

Thereafter, the DEEO, Nagaon also forwarded the same to the Office of the State Mission Coordinator, SSA, Kahilipara, Assam. But, because of negligence or any other reasons on the part of Office of the State Mission Coordinator, SSA, Assam the name of the petitioner and other teaching staffs of the said school were not captured in the DISE Code for the aforementioned years.

But, from the year 2012 -13 till 2023-24, the name of the petitioner has also been captured and reflected as the Senior most Assistant Teacher of the said school in the DISE Code and the school also received Financial Assistance, right from the year 2007-08 to 2010-11. But, the DISE DCF was not entered in the DISE during 2009-10, for which the said school was deprived from the benefit of Financial Assistance and in this regard, one communication, dated 08.01.2013, was made by the Additional Deputy Commissioner (Education), Nagaon to the Mission Director, SSA, Assam stating all details therein and in the said communication, the ADC (Edn.), Nagaon had clearly stated that the said school was initialized in DISE during the year 2008-09 having Code No. 0107921 and accordingly, provided the DISE DCF to the said school for the next year, but the DISE DCF was not entered in DISE during the year 2009-10.

The pleaded case of the petitioner is that her name was captured and reflected in the staff pattern and also in DISE Code, right from the year 2007-08 and the Head Mistress of the said School had sent the list of teachers/tutors of the school to the District Scrutiny Committee, Nagaon for further necessary action for provincialisation of the posts of teachers/tutors. Thereafter, the District Scrutiny Committee, Nagaon had prepared a list of teachers/tutors on the basis of teachers and students ratio, and through the “Application for Provincialisation of services of Teacher/Tutor in Lower Primary School” of Dhaniabheti Lalung Gaon Jafaria L.P. School’, and forwarded the same to the Director, Elementary Education, Assam recommending the petitio