Page No.# 1/3 GAHC010097852022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3474/2022 DR. RAJIB DAS S/O SRI MANOJ KUMAR DAS, ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER SCIENCE AND APPLICATION, KARIMGANJ COLLEGE, DIST- KARIMGANJ, R/O RED CROSS ROAD, OPPOSITE TO DISTRICT LIBRARY, P.O. AND DIST- KARIMGANJ, ASSAM, PIN-788710 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA, GUWAHATI ASSAM, PIN-781019 3:THE DEPUTY COMMISSIONER KARIMGANJ CUM CHAIRPERSON DISTRICT SCRUTINY COMMITTEE KARIMGANJ, DIST-KARIMGANJ ASSAM 4:THE PRINCIPAL KARIMGANJ COLLEGE DIST-KARIMGANJ ASSAM, PIN-78871 For petitioner/appellant(s) : Mr. B. Purkayastha, Advocate For respondent(s) : Mr. P. Saikia, GA, Assam Mr. S. Das, SC, Higher Education Page No.# 2/3 – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KAUSHIK GOSWAMI 08.05.2025 (Vijay Bishnoi, CJ) By way of this writ petition, the petitioner is seeking the following reliefs: “In the premises aforesaid, it is therefore prayed that Your Lordships may be pleased to admit this petition, call for the records, issue a Rule calling upon the respondents to show cause as to why an appropriate writ and/or order or direction should not be issued to set aside and quash and/or modify and/or amend the impugned Assam Education (Provincialisation of Services of Teacher and Re-organisation of Educational Institutions) Act, 2017 in order to include the process of provincialisation of a Venture Department of a provincialised college under the provisions of the impugned Act of 2017 by declaring the same as illegal, null and void and further Your Lordship may be pleased to direct the State respondents to provincialise the services of the Teaching and non- teaching staff of a venture department of a provincialised degree college and furthermore Your Lordship may be pleased to direct the State respondents to provincialise the service of the petitioner as Assistant Professor in the Department of Computer Science and Application at Karimganj within a specified time period and after cause or causes that may be shown by the respondents, on perusal of the records and after hearing the party/parties Your Lordships may be pleased to make the Rule absolute and would pass such further order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case. -AND- In the interim during the pendency of this writ petition Your Lordships may be pleased to observe that the pendency of the instant writ petition would not be a bar for the respondents to amend/modify the impugned Assam Education (Provincialisation of Services of Teacher and Re-organisation of Educational Institutions) Act, 2017 in order to include the process of provincialisation of a Venture Department of a provincialised college under the provisions of the impugned Act of 2017 and/or Your Lordship may be pleased to direct the State Respondents not to act upon the list dated 12.05.2022 (Annexure3-12A & 12B) till disposal of the instant writ petition for the ends of justice.” It is to be noticed that the validity of the Assam Education (Provincialisation of Page No.# 3/3 Services of Teacher and Re-organisation of Educational Institutions) Act, 2017 has already been upheld by the Division Bench of this Court in Mohar Ali Sheikh and others vs. The State of Assam and others, reported in 2024 (5) GLT 689. Learned counsel for the petitioner has submitted that since the validity of the Act of 2017 has already been upheld, he wants to withdraw this writ petition on instructions, however, he seeks liberty for the petitioner to raise his grievance before the State Government regarding non-inclusion of a Venture Department of a provincialised college under the scheme of provincilisation, by filing appropriate representation. Learned counsel appearing for the respondents have no objection if such liberty is granted to the petitioner. In such circumstances, this writ petition is dismissed as withdrawn with the liberty to the petitioner to move appropriate representation before the state Government for redressal of his grievance. If any such representation if filed on behalf of the petitioner within a period of one month from today, the State Government shall consider the same and take a decision expeditiously and strictly in accordance with law, or refer the same to the committee, if any, formed for consideration of the matters of provincialisation, for considering the representation and taking a decision expeditiously, in accordance with law. JUDGE CHIEF JUSTICE Comparing Assistant