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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kardak Ete
Altaf Hussain, S/O. Lt. Ustar Ali – Appellant
Versus
State Of Assam Rep. By The Secretary To The Govt. Of Assam, Deptt. Of Education (Elementary) – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. B.D. Das, learned senior counsel assisted by Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned Standing counsel, Elementary Education Department for the State respondents and Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. H.R. Choudhury, learned counsel for the respondent No. 8.
2. By instituting this writ petition, the petitioner has assailed the order dated 15.11.2018, passed by the Commissioner & Secretary to the Govt. of Assam, Elementary Education Department, whereby, the cancellation of provincialisation order dated 11.05.2015 in respect of the respondent No.8 namely, Shahibur Rahman, is revoked and the petitioner is removed from service as Assistant Teacher of Amaitilla L.P. School under Karimganj District on the ground that the school management committee of the said school had terminated the service of the respondent No.8 vide resolution dated 27.04.2013, which is, in violation of the Section 6 of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, (in short, Act of 2011) as after the provincialisation of an Educational Institution, the SMC loses its p
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.
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 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.
An uncommunicated termination is invalid, and continuous service is essential for provincialization under the relevant educational act.
The appellate authority must provide a reasoned decision based on all relevant materials, not solely on the petitioner's failure to appear at hearings.
A senior language teacher has the primary claim for provincialisation under the Assam Education Act, and failure to provide justifiable reasons for excluding such a claim is arbitrary.
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....
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