The court affirmed the right to establish educational institutions and mandated reconsideration of provincialisation applications based on established criteria, emphasizing fair administrative processes.

JUDGMENT & ORDER :

KARDAK ETE, J.

Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. K. Devi, learned counsel and Mr. A. Deka, learned counsels for the petitioners. Also heard Ms. D. Musahary, learned standing counsel for the Secondary Education Department, for respondent Nos.1, 2 & 3 and Mr. T.C. Chutia, learned standing counsel and Mr. D.K. Roy, learned counsel, Assam School Education Board (the erstwhile Assam Higher Secondary Education Counsel), for respondent Nos.4 & 5.

2. Having considered the issue involved being similar on facts and law, this batch of writ petitions are heard analogously and disposed of by this common judgement and order.

3. By filing these Writ Petitions, the petitioners have made the following prayers:

(1) setting aside and quash the decision vide letter dated 14.09.2022, issued by the Secretary to the Govt. of Assam, Secondary Education Department;

(2) setting aside and quash the communication letter dated 03.06.2024, issued by the Director of Secondary Education, Assam;

(3) commanding the respondent authorities to re-open the "Darpan Portal" for submission of applications for Admission into H.S. 1st Year Class for the academic session 2024-2025 onwards on the basis of the Departmental Permission to open 1st year H.S. Class given by the Govt. by letter dated 22.04.2021;

(4) directing/commanding the respondents, more particularly, the respondent No. 1 and 4 to register the names of the petitioners' institutions under "DARPAN PORTAL", w.e.f. 2024 against which the Government had accorded permission for opening of 1^st Year Higher Secondary Classes under letter dated 21-04-2021, on the basis of fulfillment of all relevant criteria provided under the Revised Regulations of 2004 of the Assam Higher Secondary Education Council;

(5) setting aside and quash the order dated 08.01.2024 issued by the Director of Secondary Education, Assam and/or pass such further or other order(s) as this Court deems fit and proper,

(6) directing/commanding the respondents, more particularly respondent Nos.1, 2 and 3, to complete the process for provincialisation of services of the petitioners under the provisions of the Assam Education (Provincialisation of Service of Teacher, and Reorganization of Educational Institutions) Act, 2017, as amended in 2018; and

(7) allowing the petitioners’ institutions to continue the Higher Secondary Classes for the students who had already got admitted and stay the operation of the impugned letter dated 03.06.2024.

4. Briefly put, the case of the petitioners is that the petitioners’ schools were established in the year 1995-2005 and accordingly they have approached the respondent authorities, particularly, to the Assam Higher Secondary Education Counsel (in short ‘the AHSEC’) as well as from the Secondary Education Department, Govt. of Assam, seeking permission to open higher classes. The petitioners’ Higher Secondary schools have been running in provincialized High Schools being managed by the concerned School Management and Development Committee ( in short ‘the SMDC’) and the students of H.S. 1^st year had registered through nearest recognized institution and students of H.S. 2^nd year are appearing in the Final H.S. Examination through such recognized institutions, the practice which is stated to be still continuing.

5. The AHSEC has given feasibility report on 31.12.2015 in respect of petitioners’ institutions and the Government has also by order dated 22.04.2021 accorded departmental permission to open 1^st year H.S. Class. However, the Secretary by letter dated 14.09.2022 intimated the Director of Secondary Education, Assam that the Government has not given permission in respect of 20 Nos. of Higher Secondary Schools. In the meantime the concerned District Level Scrutiny Committee (DSLC) of respective districts scrutinized the cases of concerned Higher Secondary Schools and accordingly, recommended for provincialisation of those schools as well as teaching and non-teaching staff as per the