JIBAN CH. BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mondal, learned counsel for the petitioners. Also heard Mr. A. Phukan, learned counsel for the respondents in the Elementary Education Department of Government of Assam, Mr. B. Choudhury, learned counsel for the respondents in the SSA and as well as BTC respectively and Ms. D.D. Barman, learned Additional Senior Government Advocate for the respondent No. 6 being the Deputy Commissioner, Chirang.

(2.) This writ petition is instituted by Jiban Ch. Barman and Monjit Kumar Brahma both being teachers of Beltoli Nabajyoti LP School which is a mixed medium school. It is stated that the petitioner No. 1 Jiban Ch. Barman has been working as the Head Teacher from 16/11/1999 and the petitioner No. 2 Monjit Kumar Brahma has been working as an Assistant Teacher from 27/2/2002. The school was initially allotted the DISE Code No. 0311206 for the period 2009-2010 to till date. By a letter dtd. 1/11/2012 the school along with its DISE Code was bifurcated and was brought under the purview of Chirang district upon the bifurcation of the earlier Bongaigaon district into Bongaigaon district and Chirang district.

(3.) The claim of the petitioners for provincialisation was required to have been processed under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (in short, the Act of 2011) but the matter could not be taken further inasmuch as the DISE data regarding the school which is required to be maintained was not maintained in the appropriate manner. In the circumstances, the orders dtd. 29/9/2015, 7/7/2022 and 25/7/2022 were passed by the Director of Elementary Education, Assam and the Mission Director, Samagra Shiksha, Assam respectively, by which the claim for provincialisation of the petitioners stood rejected.