MARJAN BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, by this application, filed under Article 226 of the Constitution of India, has endeavoured for issuance of a writ in the nature of mandamus, directing the respondent authorities to provincialize the services of the petitioner as an Assistant Teacher (Science) of Jungle Block High School. The petitioner has also prayed for release of her service benefits w.e.f. 1/1/2013 at par with the other teaching and non-teaching staff members of the said school, who were allowed benefits of provincialization w.e.f. 1/1/2013.

(2.) It is the petitioner's case that she was appointed as an Assistant Teacher (Science) of Jungle Block High School (hereinafter, referred to as 'the School'), in the district of Nagaon, by the School Managing Committee, vide resolution No. 3, dtd. 30/11/1997. Accordingly, appointment order was issued on the said date and the petitioner joined in her duty on 2/12/1997. The petitioner has been serving in the said school as Science Teacher (Zoology and Botany) till date.

(3.) It is also the further case of the petitioner that before her appointment, one Abdul Khalek was appointed as a Science Teacher in Zoology, Geography and Mathematics subjects and he too, is working in the said school till date. It be stated here that prior to coming into force, the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011 (hereinafter, referred to as 'the 2011 Act'), the Board of Secondary Education, Assam had formulated norms that one Assistant Teacher (Science) with Zoology and Botany subjects and another Assistant Teacher (Science) with Physics, Chemistry and Mathematics subjects were required for a High School. Since neither the petitioner nor said Abdul Khaleque were with the subjects of Physics, Chemistry and Mathematics, the School appointed respondent No. 7, as the third Assistant Teacher (Science) of the School, vide appointment order dtd. 20/8/2004 and he has been working in the said post till date.