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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Alokesh Chandra Ray – Appellant
Versus
State Of Assam – Respondent
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
The court directed the reconsideration of Hindi teachers' provincialization claims under the Assam Education Provincialization Act, emphasizing statutory eligibility criteria and the right to educati....
The court mandated reconsideration of the petitioner's claim for provincialisation as a Social Science Teacher, emphasizing adherence to statutory requirements under the Act.
The petitioner has a vested right for consideration of provincialization of services based on continuous service since 02.04.2010, despite erroneous submission by school authorities.
The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
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