ORDER

17-06-2022 Heard Ms. S. Kanungoe, learned counsel for the petitioners and Mr. P.N. Sarma, learned Standing counsel, Elementary Education Department of the State for the respondent Nos. 1 to 4. Also heard Mr. G. Pegu, learned Additional Senior Government Advocate, Assam for the respondent No. 5.

The petitioner No. 1 Sabitri Nath joined her service on 25.12.1992 in Krishnaguru Vidyapith (ST), Joysagar (Lawthari) School, Nalbari, a Lower Primary School and is presently holding the post of Headmistress and the petitioner No. 2 Nazirul Islam joined the same school on 02.09.1996 as an Assistant Teacher.

The petitioner No. 1 earlier approached this Court in WP(C) No. 1654/2011 with a prayer for disbursement of financial assistance which was disposed of on 06.01.2012 directing the Commissioner & Secretary to the Government of Assam in the Elementary Education Department to look into her grievances and to pass a speaking order after hearing the parties within one month from the date of furnishing a copy of said order dated 06.01.2012 to be furnished by the petitioner.

In pursuance of the said order dated 06.01.2012, the Commissioner & Secretary to the Government of Assam, Education (Elementary) Department vide Memo No. ELC/COP(C)478/2012/1158/21-A dated 19.02.2013 passed an order observing that the petitioner’s school namely, Krishnaguru Vidyapith (ST) VLP School, Joysagar is found senior in terms of date of establishment than the respondent No. 4 School therein and as such, said school is eligible to get the financial assistance.

It is stated by the petitioners that their names were reflected in the DISE Code No.

18070108807 in the years 2006-07, 2007-08, 2008-09, 2014 to 2017.

The petitioners applied for provincialisation of their school as well as their services in terms of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of the Educational Institutions) Act, 2017 vide Challan No. 5/4206 dated 22.05.2017.

However, the same was not considered by the respondent authorities.

Subsequent to that though the petitioner No. 1, Headmistress of said Krishnaguru Vidyapith (ST), Joysagar (Lawthari) School, Nalbari filed a representation before the Director, Elementary Education, Assam on 06.02.2021 for provincialisation of said school, but the same is yet to be considered.

Being aggrieved with the same, the petitioners have preferred this writ petition praying amongst others for a direction to the respondent authorities to provincialise their services as per the provisions of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017.

The Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 has been enacted w.e.f. 14.03.2018 i.e. from the date of its publication in the Assam Gazette (Extraordinary) to provincialise the services of the teachers of the Venture Educational Institutions (VEI) and also to reorganize and streamline the educational institutions up to Degree Level so as to conform to the prevailing statutory norms and standards with a further objective to restrict any further growth of such Venture Educational Institutions (VEI) in the State of Assam.

The Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 is a complete Act.

Section 14 of the said 2017 Act, as amended in 2018 provides for an Appellate Authority which stipulates as follows- “The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Level Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee”.

It is to be noted herein that Section 14 of the 2017 Act does not provide for any limitation period in preferring such appeal.

As there is a statutory provision of an Appellate Authori