JULFIKAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Muktar, learned counsel for the petitioner. Also heard Mr. A.R. Tahbildar, learned counsel for the respondents No. 1 and 2 being the authorities under the Higher Education Department, Mr. P.J. Phukan, learned counsel for the respondents No. 3 and 4.

(2.) Considering the nature of the order proposed to be passed, we deem it appropriate that notice need not be issued to the respondent No. 5.

(3.) The petitioner was appointed as a Lecturer in Philosophy in the Barkhetri College as per the appointment letter No. BCM/Appointment/2010/1301 dated 31.07.2010 and since then he has been continuing to serve as a lecturer in the college. When the case of the petitioner was subjected to the process of provincialisation under Assam Education (Provincialisation of Services of Teacher and Re-organization of Educational Institutions) Act, 2017 (in short Act of 2017), the same culminated in a rejection of the petitioner for provincialisation. His name appears in the list of incumbent not considered for provincialisation which was uploaded in the website of the Higher Education Department. The name of the petitioner appears at serial No. 585 of the list of teachers who were refused the provincialisation. The reason given in the rejection is that the petitioner who is an Assistant Professor in the Barkhetri College in the subject Philosophy was not provincialised on the ground of 'less appear'. It is stated that the expression 'less appear' means that the subject in which the petitioner was serving did not have more than 150 students appearing in the last final examination. The provincialisation of the petitioner is stated to be otherwise governed by the provision of Section 3(1)(ix) of the Act of 2017, which inter alia provides as under:- 'For provincialisation of services of additional teacher or tutor, as the case may be, for a particular subject including the core subjects, in addition to the post mentioned in Section 3(1)(vii), in any Venture High School or Venture High Madrassa or Venture Higher Secondary School or Venture Senior Secondary School, the minimum students appearing in the last final examination of the highest class of the said school for that particular subject must exceed eighty for one additional post and one hundred fifty for the second additional post. Further, for provincialisation of services of additional teacher or tutor, as the case may be, for a particular subject, in addition to the posts mentioned in Section 3(1)(vii), in a Venture Degree College, the minimum students appearing in the last final examination of the highest class for that particular subject must be more than one hundred fifty for one additional post.'