STATE OF ASSAM Vs. SHRI BIMAL KUTUM

JUDGEMENT

(1.) This application is filed by the State to Review/modify the common judgment and order dated 23.09.2016 in the WP(C) No.5825/2012 and other cases to the extent that the services of the already provincialised employees of educational institutions of Assam, will not be impacted by the Court's verdict.

(2.) The issue to be considered here is whether the above verdict of 23.09.2016 will have prospective effect without any implication for the already provincialised category or alternately, on account of our declaration that Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (hereinafter referred to as "the Provincialisation Act") is unconstitutional and void, all things done under the repealed legislation since inception, is set at naught by the Court's declaration. For deciding the State's application, we may benefit by referring to the law laid down by the Supreme Court when the Court decided on the constitutionality of the laws challenged in certain cases.