Page No.# 1/4 GAHC010172002024 2025:GAU-AS:90 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4545/2024 KHALEDA ZIA D/O- LATE JAHED ALI, VILLAGE- SHALPARA, P.O. DAGAON, P.S.- JURIA, DIST.- NAGAON, ASSAM, PIN- 782124. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR ELEMENTARY EDUCATION CUM CHAIRMAN STATE LEVEL COMMITTEE FOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT SCRUTINY COMMITTEE FOR ELEMENTARY EDUCATION REPRESENTED BY THE DEPUTY COMMISSIONER NAGAON. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON ASSAM Advocate for the Petitioner : MR F U BARBHUIYA, MS S DAS Page No.# 2/4 Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 06.01.2025 Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned Standing Counsel, Elementary Education Department, Assam for the respondent Nos. 1, 2 & 4 and Mr. G. Pegu, learned Government Advocate, Assam for the respondent No.3. 2. The petitioner was appointed as an Assistant Teacher in the Uttar Pub Shalpara Muktab School in the District of Nagaon on 10.06.2010. It is the case of the petitioner that she is still continuing as an Assistant Teacher in the said school till date. 3. The cases of the Teachers working in the said Uttar Pub Shalpara Muktab School were taken up for provincialisation under the provisions of the Assam Educational Institutions (Provincialisation of Services) Act, 2011 (Act of 2011 in short) and as the District Scrutiny Committee found the petitioner to be eligible, recommended the case of the petitioner for provincialisation of her service. Thereafter, the Director of Elementary Education, Assam published an order on 14.05.2013, provincialising the services of Teachers in Nagaon district for 303 Lower Primary Schools. In the said list contained in the order dated 14.05.2013, the school under which the petitioner was serving, namely, Uttar Pub Shalpara Muktab School was shown vacant and therefore, the provincialisation of the service of the petitioner could not be materialized. In the meantime, the Act of 2011 was struck down by this Court. Page No.# 3/4 4. Pursuant to the interference of the Act of 2011 by this Court, the Government of Assam enacted the Assam Education (Provincialisation of Services of Teachers and re-Organization of Educational Institutions) Act, 2017 (Act of 2017 in short). 5. Thereafter, the Commissioner and Secretary to the Government of Assam, Elementary Education Department by a communication dated 29.05.2017, addressed to all the Deputy Commissioners in the State of Assam provided that the Teachers whose educational institutions have already been provincialised as per the Act of 2011, but their services have not been provincialised, may submit their applications for provincialisation of the services under the Act of 2017. 6. In terms of the communication dated 29.05.2017, the petitioner submitted her application on 06.06.2017 before the Headmaster of the Uttar Pub Shalpara Muktab School, which was accordingly placed before the concerned District Scrutiny Committee. However, the case of the petitioner is yet to be considered by the District Scrutiny Committee and therefore, being aggrieved, the petitioner has approached this Court by way of the present writ petition. 7. Ms. N. Phukan, learned Standing Counsel, Elementary Education Department, Assam submits that the present writ petition can be disposed of by directing the District Scrutiny Committee to consider the application submitted by the petitioner. 8. After hearing the learned counsel for the parties and also taking into consideration the communication dated 29.05.2017 issued by the Commissioner and Secretary to the Government of Assam, Elementary Education Department, by which Teachers who are similarly situated with the petitioners were required to submit their applications for consideration of their cases under the Act of 2017 and as the petitioner has already submitted her application which has also been placed before the concerned District Scrutiny Committee, this writ petition is disposed of directing the concerned District Scrutiny Committee to consider the case of the Page No.# 4/4 petitioner for provincialisation of her service strictly in terms of the Act of 2017. 9. 9. Let such exercise be taken and completed within a period of two months from the date of receipt of a certified copy of the order of this Court. 10. In the event, if the case of the petitioner is favourably considered by the District Scrutiny Committee, the case of the petitioner shall thereafter be processed and placed before the State Level Scrutiny Committee, who in turn shall consider such recommendation and conclude the process within a period of one month from the date of recommendation of the District Scrutiny Committee. Thereafter, necessary order(s) shall be passed by the Director of Elementary Education, Assam/respondent No.2. 11. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant