The court directed the reconsideration of Hindi teachers' provincialization claims under the Assam Education Provincialization Act, emphasizing statutory eligibility criteria and the right to education.

JUDGMENT :

Heard Mr. M.H. Laskar, learned counsel for the petitioners. Also heard Mr. P.N. Sarma, learned Standing Counsel for the Elementary Education Department and Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent no.3 in WP(C) 3597/2021 and WP(C) 527/2022.

2. By filing these writ petitions, the writ petitioners have prayed for a direction to the respondent authorities to provincialize the service of the petitioners as Hindi (Language) teachers in their respective schools in terms of Section 3(1)(xi) of the Assam Education (Provincialization of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 as well as the Schedule appended to the Right of Children to Free and Compulsory Education Act, 2009. The petitioners have also prayed for providing service benefits w.e.f. 05.02.2021 as provided to the other teachers provincialised under the aforesaid Act, 2017.

3. Since the grievance raised by the writ petitioners in these bunch of writ petitions are similar in facts and law, same have been heard analogously and are being dispose of by this common judgment and order.

4. The case projected by the petitioners is that they were appointed ranging from the year 1983 to 2010 as Hindi Teachers in various Upper-Primary (M.E schools/madrassa) which were established as venture schools in the Dhubri, Goalpara, Bongaigaon, Kokrajhar, Kamrup, Chirang, Nalbari and Barpeta districts of Assam. They have been serving continuously for more than 20 years and some of the petitioners are at the verge of retirement. The petitioners have been working sincerely without any fixed pay with the hope that their services would be provincialized in due course. The petitioners possess the required qualification for provincialization under Section 3(1)(xi) of the Assam Education (Provincialization of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (herein after referred to as Assam Education Provincialization Act, 2017 in short).

5. Pursuant to the enactment of the Right of Children to Free and Compulsory Education Act, 2009 with a view to provide free and compulsory primary education to all children between the age group of 6-14 years, the State of Assam has enacted the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 for provincialization of services of the employees of the venture educational institutions in the State. Under the said Act, a large number of venture M.E schools in Assam were provincialized and the employees have got the benefits of provincialization. Under the said Act, a large number of venture M.E Schools in the State of Assam were provincialized and the employees have been given the benefits of provincialization and the post of Hindi Teachers in all the Upper Primary Schools were provincialized under the Act of 2011.

6. Vide judgment and order dated 23.09.2016 passed in WP(C) No. 3190/2012, the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 has been struck down being unconstitutional. Thereafter, the State has enacted the Assam Education Provincialization Act, 2017 to provincialise the services of the teachers of the Venture Educational Institutions and to re-organise and streamline the educational institutions up to the degree level in the State of Assam, so as to confirm to the prevailing statutory norms and standards.

7. It is the contention of the petitioners that despite having eligible to be provincialized of their services, the case of the petitioners have not been considered whereas, other similarly situated teachers have been provincialized. It is contended that some of the case of the petitioners have been forwarded after scrutiny and verification by the District Scrutiny Committee (DSC) to the Director of Elementary Education, Assam, in terms of Section 13(7) of the Assam Provincialization Act, 2017 as Hindi teachers.

8. Mr. M.H. Laskar, learned counsel for the petitioners submits that th