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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
| Table of Content |
|---|
| 1. revocation of provincialisation order due to termination. (Para 2 , 3 , 4) |
| 2. dispute over termination and provincialisation rights. (Para 5 , 6 , 7 , 10 , 12) |
| 3. need for verification of claims by education department. (Para 8 , 9 , 11 , 13 , 15) |
| 4. authority of the smc remained valid prior to the provincialization order. (Para 19) |
| 5. interpretation of provincialisation laws. (Para 20 , 21 , 22 , 24) |
| 6. conclusion set aside impugned order. (Para 25 , 26) |
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 f
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.
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