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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Michael Zothankhuma
Ketekibari High School – Appellant
Versus
State Of Assam – Respondent
JUDGMENT AND ORDER :
1. Heard Mr. R Ali, learned counsel for the petitioners. Also heard Mr. B Kaushik, learned counsel for the Secondary Education Department.
2. The petitioners’ case in brief is that that the people of Baramboi and nearby villagers established the Ketekibari High School in the year 1987 to impart education to the children of the villagers. The Managing Committee appointed the Headmaster and other teaching and non-teaching staff, which was approved by the Inspector of Schools. The School obtained opening permission on 06.12.1989 from the Deputy Secretary, Government of Assam, Education Department and got recognition on 22.05.2007 from the Secretary, Board of Secondary Education, Govt. of Assam. The School fulfilled all criteria which was required for provincialisation. As such, the petitioners were getting financial assistance from the Govt. of Assam.
3. The Govt. of Assam decided to provincialise all the venture schools under the Assam Venture Institutions (Provincialisation of Services) Act, 2011 and directed the concerned Schools to submit all relevant documents before the authority to scrutinize the same. Accordingly, the petitioners submitted all the required do
Provincialisation of services under the Assam Venture Institutions Act requires compliance with statutory procedures, and cannot be deemed without a final decision from the State Government, especial....
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 ....
The petitioner's entitlement to provincialisation under the Act of 2011 was not established, and he was directed to seek consideration under the Act of 2018.
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 School Management Committee had the authority to terminate a teacher's service prior to provincialization notification; thus, the revocation of the cancellation order was in error.
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation 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 revival of provincialisation orders for teachers is permissible following the enactment of new legislation that addresses the rights of employees previously affected by a struck-down statute.
The 2017 Act does not require teachers in a Venture Higher Secondary School to have their names in the UDISE Data, and the Director's rejection based on this ground was in violation of the Act and th....
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