PRAFULLA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.K Das, learned counsel appearing for the petitioner. Also heard Mr. P.N Sharma, learned Standing counsel, Department of School Education, Ms. D.D Barman, learned counsel for the respondent No. 3 and Mr. Deba Sarmah, learned counsel appearing for the respondent No. 6.

(2.) This petition has been filed by the petitioner being aggrieved by the fact that his case for provincialisation has been rejected by the order dtd. 7/11/2023 by the Secretary to the Government of Assam, Department of School Education. The petitioner and the respondent No. 6 are teachers in Sonaram Sarma Balya Bidyapith School in Jorhat district. The petitioner was appointed on 1/1/1995 whereas the respondent number 6 came to be appointed on 6/5/2002. When the petitioner was superseded by respondent No.6 during consideration for provincialisation, the petitioner had approached this Court by filing WP(C) No. 2203 of 2025.

(3.) The case of the petitioner is that as per the data capture format report signed by the respondent No. 6 himself, the petitioner was shown to have been appointed in the year 1/1/1995 and the respondent No. 6 had been allowed to join as the headmaster of the school on 6/5/2002. The case of the employees of the school having been taken up for consideration for provincialisation, the recommendation from the Director of Secondary Education was made in favour of respondent No.6 to be provincialised as a tutor. This recommendation was given effect by the order dtd. 5/2/2021.