Md. Rafiqul Islam vs State of Assam - 2026 Supreme(Online)(Gau) 14326

Headnote:(A) Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018 - Sections 2, 3, 4, 8 - Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) (Amendment) Act, 2020 - Constitution of India - Articles 14 and 16 - Provincialisation of service as Librarian - Whether a person appointed as Assistant Librarian before 01.01.2011 and subsequently upgraded to Librarian upon acquiring requisite qualification is eligible for provincialisation - Legislative intent of the Act of 2018 is to extend benefits to eligible non-teaching staff fulfilling conditions of continuous service and qualifications - Continuous service rendered from the date of joining is the primary criterion under Section 4(2)(iii) (Paras 19, 21, 22).

(B) Writ Jurisdiction - Maintainability - Statutory remedy available under Section 8 of the Act of 2018 - Appellate authority is only in respect of recommendations; where no consideration or recommendation has been made, the writ petition is maintainable (Para 24).

Facts of the case:
The petitioner joined as Assistant Librarian on 10.12.2010. He acquired the Master of Library Science degree in 2011 and was subsequently upgraded to Librarian on 28.06.2012. His request for provincialisation was denied by respondent authorities on the ground that he lacked the required professional qualification as of 01.01.2011 and was not serving as a Librarian before 31.12.2010.

Findings of Court:
The petitioner rendered the requisite six years of continuous service as of 01.01.2017 from the date of joining. Upgradation from Assistant Librarian to Librarian upon acquiring the necessary qualification does not render him ineligible, especially since the post of Librarian was later brought within the purview of provincialisation by the Amendment Act of 2020.

Issues: Whether the petitioner satisfies the eligibility criteria for provincialisation as Librarian under the Act of 2018 and the Amendment Act of 2020, and whether the writ petition is maintainable despite the existence of an appellate mechanism under Section 8 of the Act.

Ratio Decidendi: The court held that continuous service rendered in the institution from the date of joining is the key requirement. Subsequent upregulation to a post after obtaining qualifications is valid for provincialisation if that post is recognized by legislation. Furthermore, an appellate remedy against a recommendation is not a bar to writ jurisdiction when the authority has failed to consider the case at all.

Result: Petition disposed of with directions to consider provincialisation.

Legal Category Hierarchy

1. Petitioner sought provincialisation as Librarian under Assam Education Act 2018; appointed as Assistant Librarian in 2010, later upgraded to Librarian. (Para 2 , 3 , 4 , 5 , 6 , 7 , 16 , 17 , 20 )

2. Petitioner claimed eligibility under Act; respondents argued lack of requisite qualification on cut-off date and existence of alternative remedy. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 )

3. Court held that continuous service from date of joining is material; upgradation does not disqualify; writ maintainable as no recommendation made. (Para 15 , 18 , 19 , 21 , 22 , 23 , 24 , 25 )

4. Continuous service from date of joining is criterion; upgradation does not disqualify; alternative remedy not bar when no recommendation. (Para 21 , 22 , 24 )

5. Court directed respondents to consider petitioner's case for provincialisation within four months. (Para 26 , 27 )

6. Does subsequent upgradation to a higher post affect an employee's eligibility for provincialisation under the Act?

No. Under Section 4(2)(iii), the requirement is continuous service from the date of joining; upgradation does not disqualify. (Para 21 , 22 )

7. Is a writ petition maintainable when the statutory appellate mechanism under Section 8 has not been triggered?

Yes, because Section 8 applies only to recommendations of scrutiny committees; where no consideration or recommendation occurred, writ petition is maintainable. (Para 24 )

:::BEFORE:::

Date on which judgment is reserved : NA

Date of pronouncement of judgment : 14.05.2026

Whether the pronouncement is of the operative of the judgment? : No

Whether the full judgment has been pronounced? : Yes

JUDGEMENT (ORAL)

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 meantime, the petitioner also pursued the Ph.D. course after obtaining permission for study leave from the competent authority and thereafter rejoined his service on 17.01.2013.

6. The Government of Assam enacted the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 for provincialisation of the institutions and the services of employees of venture educational institutions, which was notified in the Official Gazette on 05.09.2011. Under Section 4(2) and Section 10(4) read with the Schedule appended thereto, the maximu

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2026 Supreme(Online)(Gau) 14326

GAUHATI HIGH COURT
Kardak Ete, J
Md. Rafiqul Islam – Appellant
Versus
State of Assam – Respondent
WP(C)/4412/2021

Legal Category Hierarchy

Table of Contents

6. Does subsequent upgradation to a higher post affect an employee's eligibility for provincialisation under the Act?

7. Is a writ petition maintainable when the statutory appellate mechanism under Section 8 has not been triggered?

2026 Supreme(Online)(Gau) 14326

GAUHATI HIGH COURTKardak Ete, JMd. Rafiqul Islam – AppellantVersusState of Assam – RespondentWP(C)/4412/2021

Legal Category Hierarchy

Table of Contents

6. Does subsequent upgradation to a higher post affect an employee's eligibility for provincialisation under the Act?

7. Is a writ petition maintainable when the statutory appellate mechanism under Section 8 has not been triggered?

GAUHATI HIGH COURT
Kardak Ete, J
Md. Rafiqul Islam – Appellant
Versus
State of Assam – Respondent
WP(C)/4412/2021