AMINA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Deka, learned counsel for the petitioner, Ms. N Phukan, learned counsel for the respondents in the Elementary Education Department, Government of Assam and Mr. P Saikia, learned Junior Government Advocate for the Deputy Commissioner, Nagaon, Assam.

(2.) The petitioner Amina Khatun is a teacher in the Barpani ME School in the Nagaon district having been appointed on 14/11/2004 when the school was in its venture stage. When the teachers of the school were provincialised under the Assam Education (Provincialisation of Services of Teachers and re-organization of Educational Institutions) Act, 2017 (in short Act of 2017), the claim of the petitioner for provincialisation was left out and in the circumstance, the petitioner instituted WP(C) No. 5504/2022, wherein an order dtd. 3/8/2022 was passed requiring the respondent No. 2 being the Director of Elementary Education, Assam to consider the representation dtd. 8/2/2021 claiming for provincialisation. Consequent thereof, the impugned order dtd. 31/5/2023 had been passed by the Director and the conclusion thereof is extracted below:-

(3.) The Director was of the view that as the Science Teacher of the school could not be provincialised because the name did not appear in the DISE Code, therefore, four other teachers having been appointed, it has to be construed that under the law five teachers have already been appointed in respect of Barpani ME School. Accordingly, the Director was of the view that the claim of the petitioner would be against the 6 th post which under the Act of 2017 the school would not be entitled to a 6th post.