PRAFULLA KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) As both these writ petitions are filed with a similar grievance and seeking similar relief, the same are taken up together analogously and being disposed of by this common judgment and order.

(2.) It is the cancellation of provincialisation as Teachers of Higher Secondary Schools, which is the subject matter of challenge. However, before going to the grounds of such challenge, it would be convenient to have the facts of the cases recorded in brief.

(3.) Shri Prafulla Kumar Nath is the petitioner in WP(C)/260/2015. The case projected is that he was appointed as the Subject Teacher in the year 1997 in the subject of History at Banmukh Higher Secondary School in the district of Sivasagar, Assam. The petitioner claims that the post which he was holding was brought under the provincialization w.e.f., 1/1/2013. However, immediately thereafter the impugned order was passed on 26/12/2014 by which the appointment of the petitioner was cancelled on the ground that there was no Feasibility Report. It is the aforesaid order of cancellation of the appointment which is the subject matter of dispute in this writ petition. The petitioner also alleges that the Feasibility Report was sought for by the Principal of the School which however was not issued by the Assam Higher Secondary Education Council (AHSEC). It is the case of the petitioner that for such default, he should not be made to suffer.