Page No.# 1/4 GAHC010127042023 2025:GAU-AS:7983 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3402/2023 DULAL HUSSAIN S/O- LT. SHER ALI, VILL- JAMBARI, P.O.- MEDHORTARY, P.S.- FAKIRGANJ, DIST- DHUBRI, ASSAM, PIN- 781130. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SPECIAL COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION ASSAM, DISPUR, GUWAHATI-6. 2:THE DIRECTOR SECONDARY EDUCATION KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS D D C DHUBRI DISTRICT- DHUBRI ASSAM. 4:THE SUPERINTENDENT OF JAMBARI HIGH MADRASA (PRESENTLY PRINCIPAL OF JAMBARI HIGHER SECONDARY SCHOOL) P.O.- MEDHORTARYP.S.- FAKIRGANJ DIST.- DHUBRI ASSAM PIN- 781130 Advocate for the Petitioner : MR. K A MAZUMDER, M. ROBBANI,MR A HAI,MR E AHMED Advocate for the Respondent : SC, SEC. EDU., MR. R A CHOUDHURY (r- 4) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16.06.2025 Heard Mr. K. A. Mazumder, learned counsel for the petitioner. Also heard Mr. Nayanjyoti Khataniar, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 2 & 3. Page No.# 2/4 The petitioner, in the present proceeding, has raised a grievance with regard to the inaction on the part of the respondent authorities in not considering his case for provincialization of his services against a vacant post of Grade-IV available in the school, in question. The petitioner, herein, was engaged by the Managing Committee of Jambari High Madrasa, Dhubri, 05.06.2017, as a Grade-IV employee. The said Madrasa was provincialized vide order, dated 30.08.2013, and along with the other staff working in the school eligible to be so provincialized; a Grade-IV employee viz. Tomez Uddin was also provincialized as against a Grade-IV post created in the said Madrasa. It is to be noted that the name of the school was thereafter changed as Jambari High School. In terms of the provisions holding the field under the provisions of the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011; only 1(one) post of Grade-IV employee was liable to be so provincialized in a high school. It is contended in the writ petition that the said school was thereafter upgraded as a Higher Secondary School and renamed as Jambari Higher Secondary School. It is also to be noted that after the setting aside of the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011, for the purpose of provincialization of the non-teaching staff, the authorities have framed the Assam Education (Provincialization of services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018(hereinafter, referred to as the ‘Act of 2018’). Page No.# 3/4 In terms of the provisions of the said Act of 2018; in a Higher Secondary School, up to 3(three) posts of Grade-IV is permissible to be allotted for provincialization of the services of eligible employees against the same. In the case of the petitioner, herein; the bar existing with regard to provincialization of more than 1(one) person against the Grade-IV category of the non-teaching staff when the school was existing as a high school, having been removed with the upgradation of the said school, as a Higher Secondary School w.e.f. 26.04.2022; the petitioner’s case is now required to be given its due consideration in terms of the said Assam Education (Provincialization of services of non-teaching staff of venture educational institutions) Act, 2018. In view of the above position; the Director, Secondary Education Department, Assam, is directed to consider the case of the petitioner, herein, for provincialization of his service under the provisions of the said Act of 2018, and for the purpose; place the case of the petitioner before the jurisdictional District Level Committee for verification of the service particulars of the petitioner. Thereafter, basing on the recommendations made in respect of the petitioner, herein, by the jurisdictional District Level Committee; the Director, Secondary Education Department, Assam, shall further have the case of the petitioner, considered, strictly in terms of the provisions of the Act of 2018. On conclusion of the process involved; in the event, it is found that the petitioner, herein, is eligible to have his service provincialized against Grade-IV cadre; the Director, Secondary Education Department, Assam, shall issue appropriate orders provincializing the service of the petitioner and extending to him, the benefits as available in this connection under the provisions of the said Page No.# 4/4 Act of 2018. The exercise as now required to be carried-out in terms of the directions passed by this Court, hereinabove, shall be initiated and concluded by the Director, Secondary Education Department, Assam, within a period of 3(three) months from the date of receipt of a certified copy of this order. The petitioner shall furnish a certified copy of this order before the Director, Secondary Education Department, Assam, along with a representation disclosing therein, his service particulars as well as qualifications and also claim for provincialization of his services. With the above directions and observations, this writ petition accordingly stands disposed of. JUDGE Comparing Assistant