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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Arun Dev Choudhury
Ranjit Kumar Bora And Ors. S/O-Late Jiban Ch. Bora – Appellant
Versus
State Of Assam – Respondent
JUDGMENT And ORDER :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. S. Borthakur, learned counsel for the petitioners and Mr. B. Kaushik, learned Standing counsel, Elementary Education Department, Assam for the respondent Nos. 1 & 2.
2. The services of the petitioners herein were provincialised as ‘Tutors’ under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Education Institution) Act, 2017 (hereinafter referred to as the Act, 2017).The grievance of the petitioners is that their services could not have been provincialised as ‘Tutors’ rather their services ought to have been provincialised as ‘Teachers.’
3. It is not disputed by Mr. Borthakur, learned counsel for the petitioners that in terms of Section 4 of the Act 2017, the services of any teacher/tutor etc., provincialised under the aforesaid Act 2017, will take effect from the publication of order of the provincialisation in the Official Gazette.
4. It is also not disputed that on the date of publication of such Notification of provincialization of services of the petitioners as Tutors, the petitioners, though were having all other qualifications but were not having the TET qualification and for this reaso
Provincialisation of teachers' services must adhere to qualifications on the date of provincialisation, not on the date of entry into service.
Provincialisation of service under the Act allows for individuals to be designated as Tutors without holding a degree, requiring them to acquire necessary qualifications within five years for upgrade....
Retrospective application of cut-off dates in legislation violating vested rights is unconstitutional under Article 14; tutors as government servants are entitled to equal treatment with regular pay ....
Point of Law : A teacher who acquires required qualification within a period of five years from date of his/her order or provincialisation would be entitled to the pay and allowance that of a teacher....
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
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 omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
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