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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Md. Ersad Alam Asstt., S/o. Md. Ahmed Ali – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to provincialization based on dise data (Para 1 , 2 , 3) |
| 2. court's examination of evidence regarding dise data (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. procedural order for reconsideration of provincialization (Para 12 , 13 , 14 , 15 , 16 , 17) |
JUDGMENT :
RAJESH MAZUMDAR, J.
1.Heard Mr. Z. Hammad, learned counsel appearing for the petitioner. Also heard Mr. G. Pegu, learned Standing Counsel appearing for the respondent Nos. 1, 2, 3 & 4/Elementary Education Department, Mr. A K Purukayastha, learned counsel appearing for the respondent No. 6 and Mr. E. Ahmed, learned counsel for the respondent No. 1.
2. The thrust of the arguments made by the learned counsel for the petitioner is that although the name of the respondent No. 6 did not appear in any of the DISE Data of the year 2009-2010 or prior thereto, his services have been provincialized by the order dated 05.02.2021, thereby depriving the petitioner due consideration for provincialisation of his service.
3. The learned counsel for the petitioner has referred to the provisions of Section 2(z)(b) of the Assam Education (Provincialization of Services of Teachers and Re-Organization of Educational Institutions
Provincialization must be based on accurate data, as revealed by the DISE data discrepancies affecting eligibility under the education act.
The court established that administrative negligence in record-keeping cannot justify the denial of provincialisation of service, ensuring equal treatment under the law.
Claim made by the respondent no. 9 that he was working in the Kurshakati M.E. Madrassa from 14.11.2006 till his name was entered as Headmaster w.e.f. 30.09.2011 in the DISE data does not inspire the ....
Provincialisation of services must consider actual fulfillment of criteria over technical compliance, allowing for the affirmation of continuous service despite absent DISE data.
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 Act of 2017 does not mandate teachers working in 'Venture High School' or 'Venture Higher Secondary School' to have their names captured in the DISE data, and the conclusions reached by the SLSC ....
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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