THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR, J.
Asraf Ali Laskar, Son Of Late Tajamul Ali Laskar And Anr. – Petitioners
Versus
The State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam, Education (Elementary) Department And Ors. – Respondents
WP(C)/4178 of 2024
Decided On : 06-02-2026
| Table of Content |
|---|
| 1. court orders for affidavit submissions. (Para 1 , 7 , 8) |
| 2. provincialisation criteria and enrollment issues. (Para 2 , 3 , 4) |
| 3. importance of accurate enrollment reporting. (Para 5 , 6 , 9) |
ORDER :
RAJESH MAZUMDAR, J.
1. Heard Mr. B.U. Laskar, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Addl. Advocate General appearing for the State respondents and Mr. A. Phukan, learned Standing counsel for the School Education and Ms. G. Pegu, learned counsel appears for the DSC/respondent No.4.
2. The allegation in this writ petition is that though the school had the requisite number of students to be considered for provincialisation, based on the date uploaded by CRCCs serving under the SSA, the school was shown to have 28 Nos. of student and therefore, the provincialisation was rejected by the concerned authority.
3. The learned counsel for the petitioner has drawn the attention of this Court to the Minutes of the Meeting of the DSC in which it has been reflected that the school namely, Bondukmara Purbopar VLP School, where the DSC had decided to consider the enrollment status as per the field reports submitted by the Block Elementary Education Officer and the District Elementary Education Officer and not as per the portal.
4. It appears that the DSC had taken a view that the CRCCs did not upload the actual enrollment and there are also certain shadow area where the actual enrollment could not be uploaded due to unavailability of mobile network.
5. In the present case, it is seen that it is not a case of enrollment number being not uploaded but the discrepancies in enrollment number between the report given by the CRCCs as uploaded in the website and the enrollment as certified by the Block Elementary Education Officer, Hailakandi and the District Elementary Education Officer, Hailakandi. The reports were required to have been verified and thereafter either uploaded or forwarded to the concerned authorities.
6. The District Elementary Education Officer and the Block Elementary Education Officer concerned shall file their respective individual affidavits bringing on record the enrollment that the school had in 2017, 2018 and 2019 along with the names and the details of the students who were found present in the school on the date of inspection by the aforesaid authorities. The CRCCs concerned, who had uploaded the details in the portal in respect of the aforesaid years, shall also file an affidavit along with details of the students of the enrollment of the student, and the students who were found to be present during his visit. The MD/SSA shall ensure that the concerned CRCCs is informed about this order.
7. The petitioner shall file an affidavit bringing on record the student who were studying in the school in the said year based on the record available in the school.
8. List this matter again on 11.03.2026
9. It is noticed that the matter relates to provincialisation of school and since there is discrepancies in the report which give rise to litigation, the authority are required to file affidavit on or before the next date fixed. Absence of affidavit may lead the Court to draw up adverse interference against the officer concerned.
Accurate verification and documentation of student enrollment is critical for provincialisation decisions in the Education Department.
Provincialisation of services must consider actual fulfillment of criteria over technical compliance, allowing for the affirmation of continuous service despite absent DISE data.
The absence of names in DISE Data does not justify exclusion from provincialisation under the Assam Education Act; teachers in Venture Junior Colleges are not required to be listed in DISE Code.
Provincialization must be based on accurate data, as revealed by the DISE data discrepancies affecting eligibility under the education act.
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.
The court established that administrative negligence in record-keeping cannot justify the denial of provincialisation of service, ensuring equal treatment under the law.
Point of Law : Reasoning given by the Deputy Director, Elementary Education, Assam for not provincialising the Joneswari ME School that the school did not have the NUEPA DISE Code for the year 2009-2....
The omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
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