DAKHIN DHAUKAKHANA HIGH SCHOOL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. R. Devi, learned counsel appearing for the petitioner. Also heard Mr. B. Kaushik, learned Standing counsel for the Secondary Education Department appearing on behalf of the Respondent Nos. 1, 2, 3 and 5 and Mr. P. Nayak, learned Standing counsel for the Financial Department appearing for the Respondent No.4.

(2.) The present writ petition has been instituted by the Headmaster-cum- Secretary of Dakhin Dhakuakhana High School on behalf of the eligible serving teachers of the said school praying for a direction upon the respondent authorities for provincialization of their respective services w.e.f. 1/1/2013 in terms of the provisions of Assam Venture Educational Institutions (Provincialization of Services) Act, 2011 (for short "Act of 2011").

(3.) The Petitioners in the writ petition has projected that the Dakhin Dhakuakhana High School was found to have satisfied the eligibility criteria as mandated under the said Act of 2011 for having the services of the serving teachers therein provincialzed, but the said school was let out from the purview of such consideration on account of interim directions passed by this Court in WP(C) No.6283/2012, filed by two serving teachers of the said school claiming seniority. This Court vide an order dtd. 29/7/2013 passed in Misc. Case No.1857/2013 modified the interim directions as operating by permitting the consideration of the cases of the serving teachers by the District Scrutiny Committee. However, it was directed that two posts of Assistant Teachers be not filled up in the meantime. Thereafter, the said writ petition was taken up for final consideration and vide an order dtd. 31/10/2013 noticing that disputed questions of fact are involved in the matter, this Court proceeded to dispose of the said writ petition by directing the Inspector of Schools, Lakhimpur to place the matter before the District Scrutiny Committee towards resolution of the dispute raised in the writ petition.