ABDUL AWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MR Khandakar, learned counsel for the petitioner and Mr. U Sarma, learned counsel for the respondents in the Secondary Education Department.

(2.) The writ petitioner Abdul Awal was appointed as an Assistant Teacher in the Namergaon High School as per the order of the Inspector of Schools, DDC, Dhubri dtd. 20/2/2004 and in the order of appointment, his qualification is stated as P.U passed. The services of some of the other teachers of Namergaon High School were provincialised under the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011 (in short Act of 2011). Being aggrieved, the petitioner instituted WP(C) No. 581/2016, which was given a final consideration by the order dt.5/12/2017 by providing as extracted:

(3.) A reading of the order dtd. 5/12/2017 makes it discernible that the claim of the petitioner for provincialisation under the Act of 2011 was discarded inasmuch as, the said Act was no longer in force when the order was delivered and accordingly, the respondents were required to consider the claim of the petitioner for provincialisation under the Assam Education (Provincialisation) of Services of Teachers and Re-Organization of Educational Institution Act, 2017 (in short Act of 2017). In the circumstance, the order dtd. 8/3/2022 was passed by the Director of Secondary Education, Assam, which apparently also refers to the order dtd. 5/12/2017 of the Court in WP(C) No. 581/2016 and also accepts the fact that there is a requirement to reconsider the case of the petitioner for provincialisation under the Act of 2017. The order dt. 8/3/2022 is extracted as below: