LAKHYA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ application, the petitioner prays for a writ of mandamus to the respondent authorities to provincialise the services of the petitioner as lecturer in the subject of Advance Assamese in Bhibiram Hazarika Junior College (hereinafter referred to as 'the college'), Dhalpur, in the District of Lakhimpur, as per provisions of the Assam Venture Educational Institutions (Provincialisation of services) Act, 2011, as amended by the Amendment Act, 2012 (for short, 'the Act'), to grant consequential admissible benefits and also to direct the respondents to rescind/cancel the provincialisation of services of the respondent Nos. 6 and 7 as lecturers in Logic & Philosophy and Sociology, respectively, in the said college.

(2.) At the outset, the facts, as set out in the writ petition may briefly be noticed.

(3.) The case of the petitioner is that she was selected by the Governing Body of the college for the post of lecturer in Advance Assamese in the college, which is a junior college, by an order of appointment dated 26.05.2001. The Assam Higher Secondary Education Council (for short, 'the Council'), in its meeting held on 09.12.1991, had recommended granting of academic permission to some junior colleges, including the present college, with the subjects of English, MIL (Assamese), Education, History, Political Science, Economics and Advance Assamese and, by a letter dated 17.12.1991, the Council requested the Commissioner and Secretary to the Government of Assam, Education Department, to accord necessary Government concurrence and, accordingly, the Government of Assam conveyed its concurrence for permission to start Higher Secondary (Arts) First Year course in those colleges on the condition that Government would not take any financial liability and that no Three -Year Degree course would be started in those junior colleges without prior permission of the Government. The Council, in a meeting held on 08.04.1999, recommended to accord provisional recognition of '+2 stage' for one year with effect from 01.06.1998 to 31.05.1999 in respect of the subjects mentioned therein subject to approval of the Government in the streams and subjects indicated therein, which included the subjects for which concurrence had been granted. The Government had conveyed its concurrence on recognition, vide its order dated 17.02.2003, for '+2 stage' in respect of all the seven original subjects including Advance Assamese.