Beneficial legislation for provincialisation of service must be interpreted to include employees who have rendered continuous service from their initial appointment, even if they acquired the requisite higher qualification or were upgraded to the specific post after the initial cut-off date.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Standing counsel, Higher Education Department ,for respondent Nos. 1 and 3; Mr. B. Gogoi, learned Standing Counsel, Finance Department for respondent No. 2; and Mr. J. Abedin, learned Counsel, for respondent No. 4.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to consider his case for provincialisation of service as Librarian of Jamunamukh College, Jamunamukh, Hojai, in terms of the provisions of the Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018 (hereinafter referred to as “Act of 2018”, for short).

3. The case of the petitioner, in brief, is that he graduated in the year 2002 and obtained the Bachelor of Education (B.Ed) degree in the year 2004. In the year 2010, he completed the degree in Bachelor of Library Science and thereafter Master in Library Science in the year 2011. Subsequently, the petitioner also obtained the degree of Doctor of Philosophy (Ph.D.) in the year 2016 from the Calorx Teachers’ University, now known as Sabarmati University. As per his educational qualification, the petitioner is eligible and qualified for the post of Librarian in any provincialised Colleges in the State of Assam.

4. The Governing Body of Jamunamukh College issued an advertisement dated 10.11.2010 inviting applications for filling up the posts of Librarian and Assistant Librarian. Pursuant to the said advertisement and the consequent selection process, the petitioner was recommended for appointment to the post of Assistant Librarian. Accordingly, the Governing Body of the college, in its meeting held on 01.12.2010, resolved to appoint the petitioner as Assistant Librarian and thereafter, the petitioner was appointed vide order dated 03.12.2010. It was further resolved by the Governing Body that in the event the petitioner acquired the requisite qualification of Master of Library Science within a period of 2 (two) years, he would be upgraded to the vacant post of Librarian.The petitioner joined his service as Assistant Librarian on 10.12.2010.

5. The petitioner was granted study leave for pursuing the Master of Library Science course and he completed the same on 26.10.2011. Subsequently, the Governing Body of the college, vide resolution dated 29.11.2011, decided to fill up the vacant post of Librarian and accordingly issued an advertisement for the said post. However, as no application was received pursuant to the said advertisement, the petitioner submitted an application dated 02.12.2011 praying for his upgradation to the post of Librarian in terms of the earlier resolution of the Governing Body dated 01.12.2010. The said proposal was forwarded to the competent authority. Thereafter, the Governing Body resolved to upgrade the petitioner to the post of Librarian and to regularise his service. Accordingly, vide order dated 28.06.2012, the service of the petitioner was upgraded from Assistant Librarian to Librarian and his service was regularised with effect from the date of his joining. In the meanti