In matters of provincialization of teachers, seniority within the respective category is the sole criterion for determining eligibility when the number of employees exceeds sanctioned posts. Subject combination is irrelevant to seniority, and statutory requirements for government sanction in legal proceedings apply only to official acts, not private disputes.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. K.N. Choudhury, learned Sr. Counsel, assisted by Mr. S. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel, Education (Secondary) Department, appearing for the respondent Nos.2—4, Mr. H.K. Das, learned counsel for the respondent No.5 and Mr. S.K. Das, learned counsel for the respondent No.6.

2. In this petition, under Article 226/227 of the Constitution of India, the petitioner, namely, Rahom Ali Ahmed, has challenged the impugned judgment and order, dated 31.05.2023, passed by the learned Educational Tribunal, Kamrup at Amingaon, in connection with T.S.(Edu) No.01/2017. It is to be noted here that vide impugned judgment and order dated 31.05.2023, the learned Educational Tribunal has decreed the suit in favour of the respondent No.5 herein, namely, Ajahar Ali Ahmed, declaring as the senior most Science Teacher of Badla Rangapani High School and listing him as excess teacher is illegal, and further declared that respondent No. 6 Abdul Rashid Ahmed (respondent No.6 herein) and respondent No.7 Rahom Ali Ahmed (petitioner herein) as the second and third Science Teacher and directed the respondent No.1 to 5 therein, to do the needful in respect of the claim of the plaintiff. The petitioner herein also prays for issuing direction to the respondent No. 1 and 2, to give effect to the recommendation, dated 14.03.2013, (Annexure-1), published on the official website of respondent No.2, whereby petitioner’s name was rightly recommended at serial No. 6, for provincialization as Asstt. Teacher (Science) whereby in the same list, respondent No.5 was held to be an excess teacher due to lack of requisite qualifications/subject combination as per SEBA Regulation.

3. The background facts leading to filing of the present petition are briefly stated as under:-

"The petitioner herein was appointed as a Science Graduate Teacher at Badla Rangapani High School on 25.02.2006, and he joined on 27.02.2006, and thereafter, he has been rendering his services in the said school. In the said school, prior to his joining, one Md. Azahar Ali Ahmed, the respondent No.5 and one Abdur Rashid Ahmed, the respondent No.6, were also working as Science Teachers and they were appointed on 12.09.1996 and 24.04.1999, respectively, and at that time, the school was at venture stage. Thereafter, the State of Assam, the respondent No.1, has enacted the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011, to provincialize all the venture educational institutions, so as to streamline the process of provincialization of the venture educational institutions in the State of Assam and accordingly, it had directed the Headmaster of all such educational institutions to submit particulars of all eligible employees (both teaching and non-teaching) in terms of Section 4(1) of the Act of 2011 for finalization of the process of provincialization of the institutions. Thereafter, the Headmaster of the school (respondent No.4) has submitted particulars of teaching and non-teaching staff of Badla Rangapani High School to the Inspector of Schools.

Thereafter, the Inspector of Schools had forwarded the same to the District Scrutiny Committee, headed by respondent No.3 and found the petitioner to be eligible for