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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
State Of Assam, Represented by The Secretary To The Govt. – Appellant
Versus
Jiban Chandra Barman, Son Of Januka Barman – Respondent
| Table of Content |
|---|
| 1. intra-court appeal regarding provincialization. (Para 1 , 2) |
| 2. single judge's findings on provincialization eligibility. (Para 3 , 4 , 8 , 12) |
| 3. dise data relevance and exceptions noted. (Para 5 , 6 , 9) |
| 4. support for provincialization under 2017 act. (Para 10 , 14) |
| 5. affirmation of single judge's order with modifications. (Para 11 , 13 , 15 , 16) |
Judgment :
Arun Dev Choudhury, J.
1. The present Intra-court appeal is filed against the impugned judgment and order (oral) dated 01.12.2023, passed by the learned Single Judge in WP(C) No.6147/2022.
2. The respondents had challenged the orders dated 29.09.2015, 07.07.2022 and 25.07.2022 passed by the Director of Elementary Education, Assam and the Mission Director, Samagra Siksha, Assam, respectively, by which the claim for the provincialisation of the respondents was rejected.
3. The learned Single Judge interfered with the decision and directed that the petitioners would be entitled to provincialisation under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, and, consequently, held that they would be entitled to salaries for the said period.
4. By the orders impugned in the writ petition
Provincialisation of services must consider actual fulfillment of criteria over technical compliance, allowing for the affirmation of continuous service despite absent DISE data.
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 provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 do not mandate teachers working in certain schools to have ....
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 2017 Act does not require teachers in a Venture Higher Secondary School to have their names in the UDISE Data, and the Director's rejection based on this ground was in violation of the Act and th....
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.
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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