IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Prafulla Kalita S/o Sri Cheniram Kalita – Appellant
Versus
State Of Assam Represented By The Secretary Department Of School Education – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. B.K Das, learned counsel appearing for the petitioner. Also heard Mr. P.N Sharma, learned Standing counsel, Department of School Education, Ms. D.D Barman, learned counsel for the respondent No.3 and Mr. Deba Sarmah, learned counsel appearing for the respondent No. 6.
2. This petition has been filed by the petitioner being aggrieved by the fact that his case for provincialisation has been rejected by the order dated 07.11.2023 by the Secretary to the Government of Assam, Department of School Education. The petitioner and the respondent No. 6 are teachers in Sonaram Sarma Balya Bidyapith School in Jorhat district. The petitioner was appointed on 01.01.1995 whereas the respondent number 6 came to be appointed on 06.05.2002. When the petitioner was superseded by respondent No. 6 during consideration for provincialisation, the petitioner had approached this Court by filing WP(C) No. 2203 of 2025.
2(a). Pertinent to mention here that the respondent No. 6 came to be provincialised by the order dated 5th of February 2021 under the provisions of the Assam Education (Provincialisation of Services of Teachers & Re-organization of Educational Institutes)
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.
Provincialisation of teaching staff must adhere to seniority and proper qualification criteria as mandated by the Assam Provincialisation Act, 2017.
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 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.
The omission of a qualified teacher from the provincialization list is arbitrary and violates statutory provisions and principles of natural justice.
Point of Law : It was incumbent upon the Director to call for the entire records to find out as to which of the teacher was entitled for being provincilased as a language teacher of the school.
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)....
Point of Law : Issues involved in instant writ petition can be decided by a fact finding authority i.e. Educational Tribunal constituted under Section 19(2) of Act.
The court affirmed that the petitioner, having been appointed prior to provincialization, has a right to regularization based on continuous service as established by credible documentation.
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