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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
KAMAL PHUKAN AND 87 ORS – Appellant
Versus
THE STATE OF ASSAM AND 2 ORS – Respondent


Advocates:
['P BORAH', '', 'B M LAHKAR', 'SC', 'SEC EDU']

O R D E R

21.03.2022 Heard Ms. P. Borah, learned counsel for the petitioners and heard Mr. SMT Chisti, learned counsel for the respondents in the Secondary Education Department of the Govt. of Assam.

2. The petitioners herein are Assistant Teachers in different High Schools in the State of Assam and they were appointed by the school managing committee from the year 1991 onwards, at a stage when the respective schools were at the venture institution.

3. According to the petitioners, there was reorganization in the year 2011 to the extent that, contrary to what was provided earlier, Class-I to V was declared to be L.P. School and Class-VI to VIII was declared to be ME School.

4. In the year 2011, the Act namely, Assam Venture Educational. Institutions (Provincialisation of Services) Act, 2011 (in short Act of 2011) was enacted providing for provincialisation of the teachers of the venture educational institutions. The Act of 2011 provided for the number of teachers to be provincialised in a given school which again was dependent on the number of classes/sections that a given school may have. The petitioners raise a claim that had the reorganization of declaring Class-I to V to be L.P.

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