Page No.# 1/10 GAHC010170932023 2025:GAU-AS:9530 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4454/2023 ABDUL KADER AND 2 ORS S/O- LATE ASGOR ALI, VILL- KACHIMA, P.O- CHUNARI, P.S- LAKHIPUR, DIST- GOALPARA, ASSAM, 2: MONOWARA KHATUN W/O- ABUL KASHEM VILL- KACHIMA P.O- CHUNARI P.S- LAKHIPUR DIST- GOALPARA ASSAM 3: AMIRUL ISLAM S/O- MOYENUDDIN AHMED VILL- KAZIPUTA P.S- LAKHIPUR DIST- GOALPARA ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT DISPUR, GUWAHATI - 781006 2:THE STATE LEVEL SCRUTINY COMMITTEE REP. BY THE DIRECTOR OF ELEMENTARY EDUCATION Page No.# 2/10 KAHILIPARA GUWAHATI - 781019 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI - 781019 4:THE DEPUTY COMMISSIONER GOALPARA CUM CHAIRMAN DISTRICT LEVEL SCRUTINY COMMITTEE (DLSC) GOALPARA ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM 6:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR EDUCATION BLOCK GOALPARA ASSA Advocate for the Petitioner : MR. A M KHAN, MR. R I DEWAN Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : Date: 24.07.2025 Heard Mr. A. M. Khan, learned counsel appearing on behalf of the petitioner. Also heard Mr. A. Phukan, learned Standing Counsel, Elementary Education Department and Mr. S. R. Baruah, learned Government Advocate representing the respondent no. 4. 2. The petitioners, by way of instituting the present proceeding have presented a challenge to an order dated 19.12.2022, passed by the Director, Elementary Education, Assam, rejecting their claim for provincialization of their services. The petitioners have Page No.# 3/10 further prayed for a direction upon the respondent authorities for provincialization of their services in Jamadarbhita Girls MEM, Goalpara, as Tutor in terms of the provision of the Assam Education (Provincialisation of services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short, the Act of 2017), with retrospective effect. 3. The facts shown in detail are noted herein below: - The petitioners are presently working as Headmaster and Assistant Teachers in Jamadarbhita Girls MEM, Goalpara, Assam. The petitioner no. 1 was initially appointed by the Managing Committee of the school as an Assistant Teacher and he was assigned to teach the subject of Social Science. Thereafter, the petitioner no. 1 was appointed as the Headmaster of the school on the post falling vacant. The petitioner no. 2 was engaged as an Assistant Teacher on 03.09.1992 and she was assigned to teach the Language subject by the Managing Committee of the school. Similarly, the petitioner no. 3 was appointed on 29.05.2010 by the Managing Committee of the school and was assigned to teach the subject of Science & Maths. It is to be noted that at the time of appointment of the petitioners, the school was at its venture stage and after the enactment of the said Act of 2017, the respondent authorities had issued an advertisement dated 18.05.2017, requiring the submission of the particulars of the school along with particulars of the eligible teachers of the school in the prescribed format for consideration of their cases for provincialization of their services. It is contended that the petitioner no. 1, as the Headmaster of the school, in pursuance to the advertisement dated 18.05.2017, had submitted the requisite particulars of the school as well as the details of the eligible teachers in the prescribed format before the last date of submission of such application, as mentioned in the said advertisement dated 18.05.2017. The cases of the petitioners were thereafter, placed before the District Level Committee (DSC), Goalpara, and the said committee, in its meeting held on 09.06.2018; on consideration of a report submitted in the matter by the Block Elementary Education Officer (BEEO), Lakhipur, had proceeded to keep in abeyance the Page No.# 4/10 recommendation made in favour of the petitioners for provincialization of their services. Thereafter, the petitioners, approached the authorities and highlighted that the report submitted by the BEEO, Lakhipur, did not reflect the correct picture and accordingly, it is contended that enquiries were carried out in the matter and the same having brought on record that the report earlier submitted by the BEEO, Lakhipur, did not reflect the correct position with regard to functioning of the school, the DSC, in its meeting held on 04.09.2020, proceeded to reconsider the claim of the petitioners herein, for provincialization of their services. Accordingly, on considering the materials coming on record, including the report submitted by the departmental authorities, the names of the petitioners herein, came to be recommended for provincialization of their services. Accordingly, the jurisdictional District Elementary Education Officer (DEEO) vide communication dated 08.09.2020; informed the said aspect of the matter to the Director, Elementary Education, Assam, along with the minutes of the DSC, Goalpara, dated 04.09.2020. As the cases of the petitioners were not further processes in accordance with the provisions of the said Act of 2017, the petitioners approached this Court by way of instituting a writ application being WP(C) No. 3843/2022. The Co-ordinate Bench of this Court, vide order dated 10.06.2022, on appreciating the materials coming on record, proceeded to dispose of the said writ petition, by directing the Director of Elementary Education, Assam, to examine the case of the petitioners and thereafter, to pass a reasoned order in the matter. Accordingly, the Director, Elementary Education, Assam, vide the impugned order 19.12.2022, proceeded to consider the case of the petitioners for provincialization of their services. The Director, Elementary Education, Assam, rejected the claim of the petitioners for provincialization of their services by holding that the proposal for provincialization of their services was submitted by the DEEO, only on 08.09.2020 i.e. after the proposals were so submitted of the schools found eligible in pursuance to the advertisement dated 18.05.2017. The Director, Elementary Education, Assam, further held that no proposal for provincialization of the services would be permissible to be accepted by the Director, after the last date as mentioned in the advertisement. Page No.# 5/10 Being aggrieved, the petitioners have instituted the present proceeding. 4. I have heard the learned counsels appearing for the parties and also perused the materials available on record. It is to be noticed that the learned counsel for the parties have reiterated the facts noticed herein above. 6. At the outset, it is to be noted that the Jamadarbhita Girls MEM, Goalpara, a venture school, otherwise, fulfills the requisite criterias for having the cases of the teachers working in the said school, considered for provincialization of their services. The school being a Upper Primary School, the provisions of Section-3(11) of the said Act of 2017 mandates that there shall be minimum 3(three) Teachers/Tutors and at least 1(one) teacher each for (a) Science & Maths, (b) Social Studies and, (c) Languages. Accordingly, in terms of the provisions of Section 3(11), the services of 3(three) teachers serving in a venture Upper Primary School are permissible to be provincialized. 7. As noticed herein above, the petitioners herein are teaching the subject of Social Science, Language and General Science & Maths. Further, the petitioners having been serving in the school before the cut of date so mandated in the provisions of the Act of 2017, the petitioners are eligible to have their cases considered for provincialization of their services. 8. The materials brought on record reveals that after enactment of the Act of 2017, the respondent authorities had issued an advertisement on 18.05.2017, requiring submission of particulars of the school as well as of the eligible teachers working in the venture schools. Such particulars were to be so submitted in the prescribed format within the dates stipulated in the said advertisement. The petitioner no. 1, as the Headmaster of the school, had proceeded to submit the requisite particulars of the school as well as of the eligible teachers therein, in pursuance to the said advertisement dated 18.05.2017, within the time frame prescribed therein. The applications submitted by the petitioners, having been so submitted within the time frame so prescribed by the advertisement dated 18.05.2017; the cases of the petitioners came to be placed before the jurisdictional DSC, in its meeting held on 09.06.2018. The jurisdictional DSC, while considering the case of the Page No.# 6/10 teachers working in the Jamadarbhita Girls MEM, proceeded to keep the recommendation made in their favour in abeyance, basing on a reports submitted by the BEEO, Lakhipur. In this connection, a note to the following effect was incorporated in the minutes of the meeting of the jurisdictional DSC dated 09.06.2018: - “NB: 1. As report of the BEEO, Lakhipur vide his letter No. BEL/24 dated 27/06/2018, the Jamadarbhita ME Madrassa is not running and the enrolment is also fake. Hence the committee has kept this school pending for provincialisation.” 9. The petitioners, thereafter, approached the respondent authorities, by contending that the report submitted by the BEEO, Lakhipur, did not reflect the correct position with regard to the functioning of the school in question. The departmental authorities, thereafter, carried out requisite enquiries in the matter and materials having come on record, which had the effect of demonstrating the reports submitted by the BEEO, Lakhipur, to be erroneous, the case of the petitioners were again taken up for consideration by the jurisdictional DSC, in its meeting held on 04.09.2020. The said Committee on consideration of the materials coming on record, proceeded to adopt a resolution in the said meeting to the effect that although the school in question was recommended for provincialization as per the Act of 2017, however, the same was kept pending. Upon verification of the facts and circumstances involved in the matter with regard to the functioning of the school and the reports submitted thereon, the committee had resolved to withdraw the pendency status with regard to the school in question and reiterated the recommendation made in its favour by the Committee earlier. In terms of the resolution of the DSC, the names of all the 3(three) petitioners came to be recommended for provincialization of their services. The said resolution of the DSC was forwarded to the Director of Elementary Education, Assam, by the jurisdictional DEEO vide a communication dated 08.09.2020. The case of the petitioner, not having been considered further in terms of the provisions of the said Act of 2017, the petitioners had approached this Court, by way of filing a writ petition being WP(C) No. 3843/2022. 10. The Co-ordinate Bench of this Court vide order dated 10.06.2022, was pleased to Page No.# 7/10 dispose of the said writ petition, requiring the Director, Elementary Education, Assam, to examine the recommendation of the DSC so made in its meeting held on 04.09.2020 and to pass a reasoned order thereon. The operative portion of the said order dated 10.06.2022, being relevant, is extracted herein below: - “3. In view of the limited grievance raise, this writ petition is disposed of by directing the Director of Elementary Education, Assam to call for the records as well as the particulars of the students of Jamadarbhita Girls ME Madrassa, Goalpara along with the recommendation of the DLSC in its meeting dated 04.09.2020 and after examining the same to pass a reasoned order. If the reasoned order is in favour of provincialization of the teachers of the concerned school, further process for provincialization be brought to its logical end.” 11. In terms of the directions passed by this Court, vide order dated 10.06.2022, the Director of Elementary Education Assam, on a reconsideration of the recommendation made by the DSC in favour of the petitioners herein, in its meeting held on 04.09.2020, proceeded to reject the claim of the petitioners for provincialization of their services vide an order 19.12.2022, on the ground that the proposal in respect of the provincialization of the petitioners were submitted by the jurisdictional DEEO only on 08.09.2020 and by the time the other proposals received in this connection on being further processed in terms of the provisions of the Act of 2017, was already submitted to the Government for its approval on 08.01.2020. Accordingly, it was held that the proposals received after 08.01.2020 would not mandate any further consideration. The decision contained in the order dated 19.12.2022 being relevant, is extracted herein below: - “Decision : In view of the above facts and circumstances, it is seen that DEEO, Goalpara, submitted proposal along with recommendation of DSC, Goalpara for provincialisation of services of petitioners’ school Jamadarvitha Girls MEM without following the instruction as laid down in the advertisement dated 17/5/2018 as per Act of 2017. DEE, Assam, submitted proposal for provincialisation of services of teachers with recommendation of SLSC to Govt. on 08/01/2020 and DEEO, Goalpara submitted proposal for provincialisation of series of petitioner’s school on 08/09/2020 i..e. after submission of proposal to Govt. for other teachers whereas it was mentioned in the advertisement that no Page No.# 8/10 fresh proposal for provincialisation of services can be accepted by the Directorate after the last date as mentioned in the advertisement. Hence the claim of petitioner Abdul Kader for provincialisation of services cannot be considered due to non-submission of proposal in due time.” 12. A perusal of the order dated 19.12.2022, particularly, the decision as arrived at by the Director of Elementary Education, Assam, therein, would go to reveal that the claim of the petitioners for provincialization of their services were rejected solely on the ground that the proposal in their case was received only on 08.09.2020, while the other proposal so received on further processing under the Act of 2017 was already forwarded to the Government on 08.01.2020. The Director, Elementary Education, Assam, in the said order dated 19.12.2020 had also noted that in the advertisement, it was stipulated that no fresh proposal for provincialization of services can be accepted by the Directorate after the last date as mentioned in the advertisement. 13. On examination of the facts as existing in the present proceeding, it would be clear that the petitioners are not at fault for the delay occasioning for submission of a proposal for provincialization of their services. The jurisdictional DSC had recommended the names of the petitioners for provincialization of their services, however, basing on a report submitted by the BEEO, Lakhipur, such recommendation as made in their favour was kept pending. Thereafter, the departmental authorities had carried out further enquiries in the matter and such enquiries having revealed that the report submitted by the BEEO, Lakhipur, had not reflected the correct position with regard to the functioning of the school in question, the claim of the petitioners for provincialization of their services were again considered by the DSC, Goalpara, in its meeting held on 04.09.2020 and, on consideration of the materials coming on record had resolved to withdraw the pendency status as assigned with regard to the recommendations made in respect of the teachers in question. The said aspect of the matter was not considered by the Director of Elementary Education, Assam, while passing the order dated 19.12.2022. The particulars of the school in question as well as the details of the eligible teachers working therein, having been Page No.# 9/10 submitted by the petitioner no. 1 in the prescribed format within the time frame prescribed in the advertisement dated 18.05.2017, the delay so occasioning on account of processing of the matter by the jurisdictional, DSC, no blame thereon, could have been laid on the shoulders of the petitioners herein. 14. Appreciating the said aspect of the matter, this Court had in the earlier round of litigation, vide order dated 10.06.2022, required the Director of Elementary Education, Assam, to call for the records as well as the particulars of the students of Jamadarbhita Girls MEM, Goalpara, and examine the same along with the recommendation of the jurisdictional DSC and thereafter, to pass a reasoned order. It is seen from the impugned order dated 19.12.2022, the said direction passed by the Co-ordinate Bench of this Court, vide the said order dated 10.06.2022 has not been complied with by the Director of Elementary Education, Assam. 15. In terms of the said provisions of the said Act of 2017, the recommendations made by the DSC are to be placed before the SLSC, so constituted under the provisions of sub- section (10) of Section-13 of the Act of 2017. The SLSC, in terms of the provisions of sub- section (11) of Section-13 is to cause physical verification of all institutions and also inspect all documents and records produced before it and further, call for such other records and documents as may be required for the purpose of causing verification. The case of the petitioners were admittedly not placed before the SLSC and the Director of Elementary Education, Assam, basing on a non-issue, had proceeded to reject their claims in spite of the fact that recommendations in favour of the petitioners were duly made by the jurisdictional DSC. 16. Having drawn the above conclusions, this Court is of the considered view that the reasoning as advanced by the Director of Elementary Education, Assam, in the order dated 19.12.2022 would not mandate an acceptance and accordingly, the order dated 19.12.2022 stands set aside and quashed. 17. Having interfered with the impugned order dated 19.12.2022, this Court directs the Page No.# 10/10 Director of Elementary Education, Assam, to place the case of the petitioners before the SLSC for further consideration. The SLSC, on the recommendations made in favor of the petitioner by the jurisdictional DSC being placed before it, shall cause a verification of the same, strictly, in accordance with the provisions of sub-section (11) of Section 13 of the Act of 2017 and arrive at a decision with regard to the eligibility of the petitioners for having their services provincialized under the Act of 2017. 18. In the event, a recommendation is so made in favor of the petitioners by the SLSC, the Director of Elementary Education, Assam shall process the matter for issuance of orders for provincialization of their services of the petitioners herein with retrospective effect i.e. w.e.f. the date, services of similarly situated persons were provincialized with all consequential benefits of salary, seniority etc. 19. In the event, the petitioners are found to be not eligible to have their services provincialized, the Director, Elementary Education, Assam shall pass a speaking order and therein, set out the reasons basing on which the cases of the petitioners were held to be not eligible for provincialization of their services. It is however provided that the case of the petitioners be not rejected on the ground as assigned in the order dated 19.12.2022. The exercise now required to be carried out by the Director, Elementary Education, Assam, shall be so initiated and concluded within a period of 3(three) months from the date of receipt of a certified copy of this order. 20. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant