ANGURI BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. P. K. Borah, learned Standing Counsel for the Elementary Education Department representing the respondents no. 1, 2, 4, and 6 and Mr. S. Borah, learned Standing Counsel for the SSA representing the respondent no. 3 as well as Mr. P. Saikia, learned counsel for the respondent no. 5.

(2.) The petitioner, by way of instituting the present proceeding has presented a challenge to an order dtd. 11/1/2022, issued by the Director of Elementary Education, Assam, rejecting the case of the petitioner for provincialisation of her services under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 as amended in 2012, on the ground that the petitioner herein did not have the requisite qualifications at the time of her initial appointment in the venture school.

(3.) As projected in the writ petition, the petitioner was appointed as an Assistant Teacher of Dalal Shah L.P. School, Karimganj, on 4/2/2008 by its School Managing Committee. The petitioner joined her services on the same date. It is to be noted that at the time when the petitioner was so appointed in the school, the school was in its venture stage. Thereafter, on enactment of the said Act of 2011, the case of the petitioner and the incumbent in the post of Headmaster in the school were taken up for consideration for provincialisation of their services. On conclusion of the process so involved, the Director of Elementary Education, Assam vide an order dtd. 14/5/2013, proceeded to provincialise the services of the teachers found eligible in venture schools under the jurisdiction of the District Elementary Education Officer (DEEO), Karimganj. Insofar as the school of the petitioner is concerned, in the said order, only the services of the incumbent in the post of Headmaster came to be provincialized and the name of the petitioner was dropped from the purview of the provincialisation of her services. The post of Assistant Teacher in the said school was denoted to be vacant in the said order dtd. 14/5/2013.