Administrative decisions regarding the provincialization of educational institutions must be based on a comprehensive assessment of all available evidence, including historical records, and must be conducted through transparent verification procedures that include appropriate notice to the applicants to ensure fairness and institutional accountability.

JUDGMENT & ORDER (CAV)

Heard Mr. Z. Hammad, learned counsel for the petitioner and Mr. A. Phukan, learned Standing Counsel for the respondent Nos. 1, 2, 5 & 6. None appeared for the respondent Nos. 3 & 4.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Order, dated 28.04.2022, passed by the Director, Elementary Education, Assam; and also prayed for issuing direction to the respondent authorities to return the DISE code in favour of the petitioner's school and also to provincialise the service of the petitioner and the other 2 (two) teachers, on the basis of the materials available on record.

Background facts :-

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

"The petitioner, namely, Md. Azizul Hoque, is the Headmaster of Dakhin Kadamoni Pather L.P. School (Venture). The said school was established on 03.09.1996. The school has its own land and the petitioner, along with two other persons were appointed as Head Teacher and Assistant Teachers, respectively, vide Resolution No. 4 of the General Meeting, dated 03.09.1996, by the Managing Committee of the said school and since then, they are working regularly in the school, till date. Their names also figured in every official documents/records of the school and the DISE code No. 0102715 was issued for the year 2009-10.

Thereafter, another Assistant Teacher, namely, Md. Habibur Rahman, was appointed by the Managing Committee as 2nd Assistant Teacher on 02/01/2009, through Resolution No. 1 and he joined there and worked as 2nd Assistant Teacher till the end of 2009.

Thereafter, on 05/05/2011, an Executive meeting was conducted in the school, wherein, as per resolution No. 1, it was decided that as the earlier respondent Habibur Rahman did not give any importance to his unauthorised absence in the school therefore, as per resolution No. 2 of the said meeting, service of said Habibur Rahman was terminated and discharged.

Thereafter, on 01/01/2013, in another meeting, the Executive Committee of the said school, as per resolution No. 1, appointed one Mushida Khatun as Assistant Teacher on 01/01/2013, and she has been continuously serving in the school.

The school was last inspected by the concerned S.I. of the Schools, Batadrava Circle, on 10/10/2013, and he found everything as per the requirements.

Thereafter, on 28/02/2014, the District Elementary Education Officer, Nagaon, verified all the records and documents of the petitioners' said school and found everything genuine and correct and also recommended that DISE code can be given to the petitioners' school and accordingly, DISE code was allotted to the said school.

Thereafter, said Habibur Rahman came back from Chennai, after his unauthorised absence in the school and he came to know about his discharge from the post of Asstt. Teacher, and then he started another school in the year 2014, using same name and style as Dakhin Kadamoni Pather LP School, manufacturing and using all the documents and records of the original school headed by the petitioner and he managed the concerned Block Elementary Education Officer (BEEO), Batadrava Circle and with his help, his name was included in the DISE code of Dakhin Kadamoni Pather LP School and also submitted papers of the original school by manufacturing the same, for provincialisation of their posts and their fake school.

Thereafter, the petitioner alongwith local public subm