MONI GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) These 2(two) writ petitions have been filed by the petitioners challenging the validity of the provisions of Rule 8, Rule 10(1) and Rule (2) of the Assam Secondary Education (Provincialised Schools) Service (Amendment) Rules, 2023, (hereinafter to be referred as "the Amendment Rules of 2023") notified on 20/9/2023 as well as the amendment brought into the Schedule-II and Schedule-III of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 by way of the Assam Secondary Education (Provincialised Schools) Service (Second Amendment) Rules, 2023, notified on 13/12/2023 (hereinafter to be referred as "the Second Amendment Rules of 2023"). The petitioners have also prayed for quashing and setting aside the Advertisement Nos.E-392562/3 and E-392562/4 dt. 27/12/2023, issued by the Director of Secondary Education, Government of Assam.

(2.) The relevant brief facts of the cases are that the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter to be referred as "the Rules of 2018") were promulgated by the Hon'ble Governor of Assam in exercise of powers conferred by proviso to Article 309 of the Constitution of India and it came into force from 10/10/2019.

(3.) As per Rule 1(3) of the Rules of 2018, the Rules of 2018 apply to the employees appointed for teaching and non-teaching purpose in the Senior Secondary Schools, Higher Secondary Schools, Assam High Madrassa and High Schools which have been provinc-ialised under the Assam Secondary Education (Provincialised) Act, 1977, Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, Assam Junior Colleges (Provincialisation) Act, 2012 and Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017.