SUSHIL NAMASUDRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Pathak, learned counsel for the petitioner. Also heard Mr. PJ Saikia, learned counsel for respondent No.7. Mr. J Chutia, learned counsel appears for respondent Nos. 3 to 6. Mr. GP Bhowmik, learned senior counsel appears for respondent No.10 and Ms. S Rasool, learned counsel appears for the respondent Nos. 1 and 2. The petitioner's case is that the petitioner is serving as an Assistant Teacher since 18.1.2006 in the Raisen ME School in Hamren Sub-division of Karbi Anglong District. The respondent No.7 Jai Singh Chauhan, a B. Com. Graduate joined the school on 27.11.2003. But since he was appointed as a science teacher, he was shown as under qualified. After some posts were sanctioned for the Karbi Anglong District, through the order dated 16.5.2013, the petitioner's service was provincialised. However, the post of science teacher was shown as vacant. But through the impugned corrigendum dated 12.6.2013, the respondent No.7 is now provincialised as an assistant teacher, by deleting the petitioner's name from the list of provincialised teachers, while the post of assistant teacher (Science) is shown to be vacant. Learned counsel for the petitioner refers to the attendance register to project that the respondent No.7 did not attend the school for about 2 years between January, 2006 to January, 2008 and accordingly, he argues that the teacher with a service break, could not have been considered for provincialisation. The counsels for the respondents, on the other hand submit that the petitioner's case is based upon the Assam Venture Educational Institutional Provincialisation of Services Act, 2011, which has been struck down by the Division Bench of this Court in the case of Chandan Kumar Neog & Ors vs- State of Assam & Ors., 2016 5 GauLT 296. They also submit that in view of the order dated 19.03.2015 passed by this Court in WP (C) No. 4612/2011, WP (C) No. 6109/2012 and WP (C) No. 2272 of 2013, the Government of Assam has established Educational Tribunals to adjudicate disputes between teaching staff and non-teaching staff of provincialised schools. They submit that as the Educational Tribunals have been established by the State Government, the present matter which is a claim for provincialisation, should also be referred to the Educational Tribunal. I have heard the counsels for the parties. The notification dated 03.12.2015 issued by the Government of Assam and the Notification dated 02.06.2016 issued by the Commissioner and Secretary to the Government of Assam, Elementary Education Department are reproduced below: