Page No.# 1/4 GAHC010119232021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3927/2021 WAHADUR RAHMAN AND 3 ORS S/O SAKHAT ALI, VILL-AZARA, P.O.-SONESEWAR, P.S.-KAMALPUR, DIST- KAMRUP(R), I/C HEADMASTER CUM SECRETARY OF AZARA SONESWAR HIGH SCHOOL, P.O.-SONESWAR, DIST-KAMRUP(R), ASSAM, PIN-781382 2: BIRENDRA KR. DAS S/O LATE HALADHAR DAS VILL-BORHATA P.O.-DOGAON P.S.-KAMALPUR DIST-KAMRUP PIN-781382 3: TAIJUL ISLAM S/O TAIYAB ULLAH VILL-SUNDARISAL P.O.-SONESWAR P.S.-KAMALPUR DIST-KAMRUP(R) PIN-781382 4: NIRANJAN GOSWAMI S/O LAKSHMI KT. GOSWAMI VILL AND P.O.-SONESWAR P.S.-KAMALPUR DIST-KAMRUP(R) PIN-78138 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006 Page No.# 2/4 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE INSPECTOR OF SCHOOLS KAMRUP(R) AMINGAON PIN-781031 4:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER KAMRUP(R) PIN-781031 5:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI- Advocate for the Petitioner : MR. A DEKA, Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 04.04.2025 Heard Mr. A. Deka, learned counsel for the petitioners. Also heard Mr. B. Kaushik, learned Standing Counsel for the Secondary Education Department and Mr. P. Saikia, learned counsel for the respondent No. 4. 2. The grievance of the petitioners is that the services of the petitioners have been provincialized by order dated 04.01.2021 issued by the Director of Secondary Education, Assam, w.e.f. 01.08.2021. As the services of the Page No.# 3/4 petitioners have been provincialized on 04.01.2021, the provincialization order could have taken effect from 04.01.2021 and not from 01.08.2021, i.e., the date when Azara Soneswar High School has been provincialized. 3. The petitioners’ counsel submits that in terms of Section 4 of the Assam Education (Provincialization of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (hereinafter referred to as the 2017 Act), the services of the teachers and/or tutors of all Venture Educational Institutions eligible under Section 3, are deemed to have been provincialized by notification in the official Gazette and they become employees of the State Government with effect from such date. 4. In the present case, there is nothing to show as to when the official gazette notification has been made in respect of the order of provincialization dated 04.01.2021. 5. Mr. B. Kaushik, learned counsel for the Secondary Education Department submits that the issue of when the effective date of provincialization of the petitioners is to be taken, should be sent to the Director of Secondary Education, who will take a decision on the same in terms of Section 4 of the 2017 Act. 6. Mr. A. Deka, learned counsel for the petitioners submits that he has got no objection to the proposal made by Mr. B. Kaushik, learned counsel for the Secondary Education Department. 7. I have heard the learned counsels for the parties. Page No.# 4/4 8. Section 4(1) of the 2017 Act states as follows:- 4. Teachers and/or tutors to be government servants. (1) Subject to fulfilment of all other provisions of this Act, the services of the teachers and/or tutors of all Venture Educational Institutions eligible under section 3 shall be deemed to have been provincialized on the date of publication of the provincialization order by Notification in the Official Gazette and they shall become employees of the State Government with effect from such date. 9. A reading of the above clearly goes to show that the services of teachers/tutors are deemed to be provincialized on the date of publication of the provincialization order in the Official Gazette. Accordingly, the Director of Secondary Education, Assam shall take a decision as to when the effective date of provincialization of the petitioners would take effect in terms of Section 4 of the 2017 Act, which should be done after verifying the Official Gazette. The entire process should be completed within a period of two weeks from the date of receipt of a certified copy of this order. 9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant