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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Md. Baharul Islam, S/o. Late Sabur Uddin – Appellant
Versus
State Of Assam, Represented By Commissioner And Secy. – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned Standing Counsel, Elementary Education Department appearing for the respondents No. 1, 2 and 3 and Mr. K.U. Ahmed, learned counsel appearing for the respondents No. 5, 6 and 7.
2. Challenge made in this petition is to the notification dated 04.02.2021 issued by the Director of Elementary Education, Assam, whereby, the services of tutors against the Venture Lower Primary Schools and recognized Upper Primary Schools of 27 districts of Assam in accordance with the provisions of Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (The Assam Provincialisation Act, 2017, in short) have been provincialized, particularly provincialisation of services of the respondents No.6 and 7 namely, Sheikh Hanif Uddin and Sunar Uddin in respect of N.C. Kachumara M.E. Madrassa in the district of Barpeta.
3. The petitioners were appointed as Arabic and Hindi Teachers on 03.01.1988 and 28.03.1993 by the Managing Committee of N.C. Kachumara M.E. Madrassa in the district of Barpeta. The name of the petitioners and the responde
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
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 seniority for provincialization of teachers' services must be determined based on accurate service records as per the Assam Education Act, 2017.
Point of Law : Section 19 of the Right of Children to Free and Compulsory Education Act, 2009, no school shall be established, or recognized, under Section 18 unless it fulfils the norms and standard....
The omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
Provincialisation of service under the Act allows for individuals to be designated as Tutors without holding a degree, requiring them to acquire necessary qualifications within five years for upgrade....
The court established that eligibility for provincialization of teachers' services must be based on verified service records and seniority, as per the provisions of the relevant Act.
Point of Law : Issue relating to the claim of provincialisation of the service of (a) Sahidur Islam (petitioner), (ii) Abdur Rashid Sk (respondent no. 7), and (iii) Abual Hussain Sk (respondent no.8)....
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.
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