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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Mizanur Rahman, S/O- Sagiruddin Mondol – Appellant
Versus
State Of Assam Rep. By The Comm. And Secy., To The Govt. Of Assam, Elementary Education Deptt. – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. A. K. Hussain, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned Standing Counsel, Elementary Education for the respondent Nos. 1, 2 & 4; Ms. D. D. Baraman, learned Additional Senior Government Advocate for the respondent No. 3 and Mr. B. Sinha, learned counsel for the respondent No. 7.
2. Challenge made in this writ petition is to the order dated 05.02.2021 passed by the Director, Elementary Education, Assam, whereby the service of Zahidul Islam, the respondent No. 7 herein, has been provincialised as Tutor (Science) in Kochua Gaon M.E. Madrassa.
3. The case of the petitioner, in brief, is that he was appointed as a Graduate Science Teacher in Kochua Gaon M.E. Madrassa on 11.02.2008 by the School Managing Committee and he joined his service on 12.02.2008. The petitioner is a Science Graduate and holds a Diploma in Elementary Education, which are the requisite educational and professional qualifications for a Science Graduate Teacher with a regular pay scale. Upon such appointment, the petitioner claims to have been teaching Science and Mathematics and his name appeared in U-DISE as a Science Graduate Teacher.
4. The respondent No.
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....
Provincialisation of teachers' services must adhere to qualifications on the date of provincialisation, not on the date of entry into service.
Point of Law : A teacher who acquires required qualification within a period of five years from date of his/her order or provincialisation would be entitled to the pay and allowance that of a teacher....
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.
Retrospective application of cut-off dates in legislation violating vested rights is unconstitutional under Article 14; tutors as government servants are entitled to equal treatment with regular pay ....
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.
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