SAHIDUR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned standing counsel for the Elementary Education Department, appearing for respondent nos. 1 to 3 and 5, Mr. S. Borah, learned standing counsel for respondent no. 4, Mr. P. Saikia, learned Government Advocate, representing respondent no. 6, as well as Mr. M.H. Ahmed, learned counsel for the private respondent nos. 7 and 8.

(2.) The case of the petitioner is that as per resolution no. 2 adopted in the meeting no. 38 dtd. 21/3/2008 by the Managing Committee, vide letter dtd. 21/3/2008 issued by the Headmaster and Secretary of the said school had appointed the petitioner as an H.S. Science Teacher of the West Gaspara Girls' M.E. Madrassa. It is projected that as the petitioner was mainly teaching Social Studies. Despite recommendation made by the District Scrutiny Committee for provincia-lisation of his service against Social Studies subject, the Director of Elementary Education, Assam, (respondent no. 2) had issued the impugned order, thereby provincialising the service of 3 (three) Assistant Teachers, including the respondent nos. 7 and 8. Hence, by filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned order dtd. 4/2/2021 (Annexure-7), issued by the respondent no.2, thereby provincialising the service of the respondent nos. 7 and 8 as an Assistant Teacher of the West Gaspara Girls' M.E. Madrassa, for a direction to provincialise the service of the petitioner as Social Science Teacher on the basis of recommendation made by the District Scrutiny Committee (Annexure-5).

(3.) The learned counsel for the petitioner has submitted that as per the provisions of Sec. 3(1) of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of the Educational Institutions) Act, 2017 read with Ss. 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 the respondent authorities ought to have provincialised the service of one full-time Headmaster as well as 4 (four) Assistant Teachers as the school has enrollment of more than 105 students. Therefore, it has been submitted that while issuing a direction upon the respondent authorities for appointing the petitioner, a suitable direction may also be made to the respondent authorities to provincialise the services of one full-time Headmaster as well as 4 (four) Assistant Teachers.