MD TAHIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Aggrieved by the decision of the Director of Elementary Education, Assam (respondent 2) rejecting the claim of the petitioner for provincialization of his service against the post of Assistant Teacher of Purbanchal M.E. School, he is once again approaching this Court for appropriate relief.

(2.) According to the petitioner, he was appointed by the Managing Committee of the Purbanchal M.E. School, Lakhimpur District on 25-8- 1991 as the founder teacher, but the Headmaster of the school (respondent 6), with a view to keep him out of school, did not allow him to put his signature in the attendance register by keeping the same at his residence.

(3.) No affidavit-in-opposition is filed by the State-respondents. However, on perusing the writ petition and after hearing Mr. I. Hussain, the learned counsel for the petitioner, and Mr. N. Sarma, the learned standing counsel for the Education (Elementary) Department, Assam, at some length, I am of the view that there is absolutely no merit in the case of the petitioner. Under Section 4(2) of the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011 the number of employees in both teaching and non-teaching cadre in each of the Venture Educational Institution, whose services are provincialized or to be provincialized under the Act, shall not exceed as specified in the Schedule appended to the Act.