Administrative authorities cannot deny professional regularization based on minor clerical errors in name spellings within official records when institutional codes, tenure, and professional location data clearly confirm the consistent identity of the individual involved.

JUDGMENT :

SHAMIMA JAHAN, J.

Heard Mr. Z. Hammad, learned counsel for the petitioner. Also heard Ms. S. Konwar, Learned Standing Counsel for Elementary Education Department as well as Mr. P. Nayak, Learned Standing Counsel for SSA and Ms. D.D. Barman, learned Additional Senior Govt. Advocate appearing for the respondent No.4.

2. An opportunity was given to the state respondents to file affidavit, but more than one year has elapsed and they had not filed their affidavit and as such, this case is taken for disposal.

3. By this application preferred under Article 226 of the Constitution of India, the petitioner has prayed for setting aside the impugned order dated 5- 12-2024 passed by the Director, Elementary Education, Assam, by which the petitioner was not considered for provincialisation of her services. Further she has also prayed for a direction to the authorities to provincialise her service.

4. The case of the petitioner is that she was appointed as an Assistant Teacher of Pub Amlokhi A.S. Ahmedia L.P. School by order dated 15-3-1999 and by a subsequent order dated 1-3-2000, the petitioner was appointed as the Headmistress of the said school vide Resolution No. 1 owing to the leaving of the said post voluntarily by the earlier Headmistress. Thereafter on 12-05- 2005, Sub-Inspector of Schools, Batadrava Circle, Nagaon, prepared an inspection report and reflected the name of the petitioner therein as Headmistress along with three other teachers in the said school with the further reflection that there were 107 numbers of students and the infrastructure were also found to be intact. However, the petitioner's services was not regularised in spite of her eligibility for the same and aggrieved thereby, the petitioner had filed a writ petition being WP(C) No. 3854/2022 and this court by order dated 30-9-2024 had held that in the DISE Data, for the academic year 2009-10 of Pub Amlokhi A.S. Ahmedia L.P. School, Nagaon, the petitioner's name finds place at Serial Number 1 and that the petitioner was working in the said school since 1999 and also that her name appears in the DISE data for the year 2019-20 and further that the enrolment position of the said school during the year 2016-17 was found to be 104 and 72 respectively.

5. It was further held in the said judgment and order that the petitioner is required to fulfill three requirements for provincialization of service and that she has fulfilled the said requirements and as such, it was ordered that the respondent No. 2 shall consider the provincialization of the services of the petitioner namely Zinnatun Nehar, Headmistress of the said school within a period of 2 (two) months from the date of the receipt of the certified copy of the said order.

Pursuant to the said order, the Director of Elementary Education, th Assam passed an order on 5 December 2024 holding inter alia that the petitioner's name did not find place in the DISE Data till 2012-13 provided by SSA, Assam and as such, her services was not directed to be provincialized and the prayer of the petitioner was as such rejected by the said order.

6. The learned counsel for the petitioner submits that the petitioner was appointed in the year 1999 as an Assistant Teacher and thereafter, was appointed to the post of Headmistress in the year 2000 and that in the recommendation for provincialization of services of the teacher/tutor in the Lower Primary School, the petitioner was shown as number 1 in the said list. However, he submits that on 4