MOHIT ALI ANAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. A. Bujor Barua, learned counsel for the petitioner. Also heard Ms. R.B. Bora, learned counsel for the BTC, Mr. N.J. Khataniar, learned counsel for the Elementary Education Department of the Govt. of Assam.

(2.) The petitioner No.1 Md. Mohit Ali was appointed as Science teacher of Naoshali Anusuchita M.E. School in the Mushalpur Block, Baksa district of Assam. The school concerned was provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (in short Act of 2011). But in doing so, the petitioner No.1 was left out from the process. In the circumstance, this petition is instituted for a direction that the service of the petitioner No.1 be also provincialised. The statement showing the particulars of 13 Science Teachers in the Upper Primary Schools under the Baksa district contains the name of the petitioner Md. Mohit Ali showing his date of appointment to be 09.08.2008. No materials have been produced before the Court that by operation of law the service of the petitioner No.1 stood provincialised under Section 4(1) of the Act of 2011.

(3.) In the circumstance, the entitlement of the petitioner would be for a consideration for provincialisation under the Assam Education (Provincialisation of Services of Teachers & Reorganization Educational Institutions) Act, 2017 (in short Act of 2017) where Section 13(1) requires a consideration of the service particulars by the concerned District Level Scrutiny Committee. As the claim of the petitioner would be for a fresh consideration under the Act of 2017, we direct the Headmaster of Naoshali Anusuchita M.E. School to transmit the service particulars of the petitioner No.1 to the District Level Scrutiny Committee of Baksa district and upon the same being submitted, the District Level Scrutiny Committee shall give a consideration and pass a reasoned order whether the petitioner No.1 is to be recommended for provincialisation under the Act of 2017.