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2025 DAILYLAW 17783 (GAU)

PACHIM SIMALUGURI LOWER PRIMARY SCHOOL AND 2 ORS v. THE STATE OF ASSAM AND 6 ORS

WP(C)/5545/2020 · 2025-03-26

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/22 GAHC010183772020 2025:GAU-AS:3571 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5560/2020 MURKONG CHAPORI LP SCHOOL AND 2 ORS SITUATED AT VILL. NA-DHALA, P.O. DAFALAKATA, NOWBOICHA, DIST. LAKHIMPUR, ASSAM, REP. BY ITS HEAD MASTER SRI NITUL SAIKIA, 2: NITUL SAIKIA S/O. BINOD SAIKIA R/O. VILL. SIMALUGURI P.O. KUHIYARBARI DIST. LAKHIMPUR ASSAM. 3: BICHITRA PEGU C/O. SRI DIGANTA DOLEY VILL. NA-DHALA P.O. DAFALAKATA DIST. LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION Page No.# 2/22 ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM Advocate for the Petitioner : MR. R K BORAH, MR. R PHUKAN,MS M S CHOUDHURY Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, SSA Linked Case : WP(C)/5557/2020 AUNIBARI LP SCHOOL AND 2 ORS SITUATED AT VILL. NA-ALI PANIGAON Page No.# 3/22 NOWBOICHA DIST. LAKHIMPUR REP. BY ITS HEAD MASTER SRI HEMANTA NEOG. 2: HEMANTA NEOG S/O. SRI HOREN NEOG VILL. SIMALUGIRI P.O. KUHIYARBARI DIST. LAKHIMPUR ASSAM. 3: SABITA PEGU C/O. SRI BIJOY DOLEY VILL. TELIAPATHAR P.O. PANIGAON DIST. LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. Page No.# 4/22 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5546/2020 KARATIPAR LP SCHOOL AND 2 ORS SITUATED AT KUHIARBARI NOWBOICHA DIST. LAKHIMPUR ASSAM REP. BY ITS HEAD MASTER SRI KRISHNA PACHANI. 2: KRISHNA PACHANI S/O. SRI NOMAL PACHANI VILL. KARATIPAR P.O. KUHIYARBARI DIST. LAKHIMPUR ASSAM. 3: APURBA BORUAH S/O. SRI HIRA BORAUH VILL. PUB-AMTALA P.O. KUHIYARBARI DIST. LAKHIMPUR Page No.# 5/22 ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER Page No.# 6/22 NOWBOICHA LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5543/2020 DIGHALIBILL ADARSHA BALIKA L P SCHOOL AND 2 ORS SITUATED AT VILL. RAHALI P.O. BANGALCHUK NOWBOICHA DIST. LAKHIMPUR ASSAM REP. BY ITS HEAD MASTER HEM CHANDRA TALUKDAR. 2: HEM CHANDRA TALUKDAR S/O. UTTAM TALUKDAR VILL. BILOTIA BALIGAON P.O. NOWBOICHA DIST. LAKHIMPUR ASSAM. 3: ARUN DUWARAH S/O. LT. NION DUWARAH R/O. VILL. ROWDONG P.O. BANGALCHUK DIST. LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. Page No.# 7/22 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5535/2020 KANAIJAN MISING LOWER PRIMARY SCHOOL AND 2 ORS SITUATED AT VILL. BADHAKARA Page No.# 8/22 DHAKUAKHANA DIST. LAKHIMPUR ASSAM REP. BY ITS HEAD MASTER SRI KHAGEN PEGU. 2: KHAGEN PEGU S/O. BADIRAM PEGU VILL. BADHAKARA BERKEPI DIST. LAKHIMPUR ASSAM. 3: HEMALATA PEGU C/O. SHIVA PRASAD NARAH VILL. NAMANI DORGE P.O. GEREKI DIST. LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. Page No.# 9/22 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIMPUR LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5553/2020 RANGA RESERVE L P SCHOOL AND 2 ORS SITUATED AT RAMPUR DEURI GAON NOWBOICHA DIST. LAKHIMPUR ASSAM REP. BY ITS HEAD MASTER SRI JUGALATA DOLEY. 2: JUGALATA DOLEY C/O. KOMISON DOLEY VILL. NO.1 BOGIBILL P.O. RAMPUR DEURI DIST. LAKHIMPUR ASSAM. 3: UDDIMBAHADUR LIMBU C/O. LT. J.D. LIMBU VILL. NO.1 BOGIBILL P.O. RAMPUR DEURI DIST. LAKHIMPUR ASSAM. Page No.# 10/22 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER Page No.# 11/22 NOWBOICHA LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5552/2020 KARIGAON L P SCHOOL AND 2 ORS SITUATED AT VILL. KARIGAON P.O. DOLAHAT NOWBOICHA DIST. LAKHIMPUR ASSAM REP. BY ITS HEAD MASTER MAMONI BORAH. 2: MAMONI BORAH W/O. KAMAL BORAH VILL. KARIGAON P.O. NOWBOICHA DIST. LAKHIMPUR ASSAM. 3: PURABI BURAGOHAIN D/O. SRI PADMESWAR BURAGOHAIN VILL. LALPANI P.O. DIRGHA MAZGAON DIST. LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. Page No.# 12/22 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5544/2020 BUDU LP SCHOOL AND 2 ORS SITUATED AT VILL. PAMUA P.O. SALMORA Page No.# 13/22 NOWBOICHA DIST. LAKHIMPUR ASSAM REP. BY ITS HEAD MASTER MEGHARAM PAYENG. 2: MEGHARAM PAYENG S/O. TILESWAR PAYENG VILL. POMUWA KHABOLI P.O. SALMORA TINIALI DIST. LAKHIMPUR ASSAM. 3: NIRANJAN PEGU S/O. MEMBOR PEGU VILL. PAKANIA P.O. SALMORA TINIALI DIST. LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR Page No.# 14/22 ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5548/2020 MODARGURI L P SCHOOL AND 2 ORS SITUATED AT VILL. KARACHAPORI NOWBOICHA DIST. LAKHIMPUR ASSAM REP. BY ITS HEAD MASTER ARUNA DOLEY 2: ARUNA DOLY C/O. LT. JARMAN DOLEY VILL. ACHERAKATA GAON P.O. ACHERAKATA BALIZAN DIST. LAKHIMPUR ASSAM. 3: PARSURAM TAID S/O. LT. DEBIRAM TAID Page No.# 15/22 VILL. ADISUTI P.O. ACHERIKATA BALIZAN DIST. LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR Page No.# 16/22 ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5538/2020 NO.1 TATIMARA LP SCHOOL AND 2 ORS SITUATED AT VILL. TATIAMARA P.O. SALMORA TINIALI NOWBOICHA DIST. LAKHIMPUR REP. BY ITS HEAD MASTER HEMOLATA NARAH. 2: HEMOLATA NARAH C/O. SRI NABA KANTA PAYENG R/O. VILL. SALMORA P.O. SALMORA TINIALI DIST. LAKHIMPUR ASSAM. 3: HEMKANTA MILI S/O. SRI PADMA NATH MILI VILL. SALMORA P.O. SALMORA TINIALI DIST. LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 Page No.# 17/22 KAMRUP (M) ASSAM. 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GUWAHATI-781019 KAMRUP (M) ASSAM. 4:DEPUTY COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST. LAKHIMPUR ASSAM. 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM. ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/5545/2020 Page No.# 18/22 PACHIM SIMALUGURI LOWER PRIMARY SCHOOL AND 2 ORS SITUATED AT MAJOR CHAPORI NOWBOICHA IN THE DIST.- OF LAKHIMPUR ASSAM REP. BY ITS HEAD MASTER SRI DULAL CH BORAH 2: DULAL CH BORAH S/O- SRI HOREN NEOG R/O- VILL- SIMLAGURI P.O. KUHIYARBARI DIST.- LAKHIMPUR ASSAM 3: PUTALI NEOG W/O- SRI BHUPEN BORAH R/O- VILL- SIMLAGURI P.O. KUHIYARBARI DIST.- LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY-06 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 KAMRUP (M) ASSAM 3:MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA GHY-19 KAMRUP (M) ASSAM 4:DY. COMMISSIONER LAKHIMPUR P.O. P.S. AND DIST.- LAKHIMPUR ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER Page No.# 19/22 LAKHIMPUR P.O. P.S. AND DIST.- LAKHIMPUR ASSAM 6:THE DISTRICT MISSION DIRECTOR SARBA SIKSHA ABHIYAN MISSION LAKHIMPUR P.O. P.S. AND DIST.- LAKHIMPUR ASSAM 7:THE BLOCK ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPUR ASSAM ------------ Advocate for : MR. R K BORAH Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 27.03.2025. Heard Mr. R. Phukan, learned counsel for the petitioners. Also heard Mr. A. Phukan, learned standing counsel for the Elementary Education Department appearing for respondent Nos.1, 2, 5 & 7 and Mr. B. Deuri, learned State Counsel for the respondent No.4. 2. Having considered the nature of the grievances raised in these batch of writ petitions and also considering the similarity of the issue on facts and law, these writ petitions are disposed of at the admission stage by this common Page No.# 20/22 order. 3. By filing these Writ Petitions, the petitioners challenges the non- provincialisation of their schools and their services, on the ground that the schools as well as the teachers are having the required criteria as per the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (for short ‘the Act of 2011’), as well as the subsequent enactment i.e. Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (for short ‘the Act of 2017’) and have prayed for provincialisation of the schools and their sevices. 4. The petitioners claim that they are serving as Assistant Teachers in different schools, namely, Murkong Chapori LP School, No.1 Tatimara LP School, Dighalibill Adarsha Balika LP School, Budu LP School, Pachim Simaluguri LP School, Karatipar LP School, Modarguri LP School, Karigaon LP School, Ranga Reserve LP School, Aunibari LP School and Kanaijan Mising LP School in the District of Lakhimpur, Assam. Their schools were established ranging from the year 1978 to 1993. 5. Mr. R. Phukan, learned counsel for the petitioners submits that since the schools of the petitioners and their services are required to be provincialised in terms of the Act of 2011 and thereafter, in terms of the new enactment of the Act of 2017 and the respondent authorities having failed to consider the same, the case of the petitioners deserve to be considered in accordance with the above enactments. 6. Mr. R. Phukan, learned counsel, while referring to the various documents, Page No.# 21/22 last being the letter dated 27.08.2020, submits that the concerned authority i.e. the District Elementary Education Officer, Lakhimpur District has submitted the physical verification report of the venture LP/UP Schools to the Director of Elementary Education, Assam. However, as on date, no consideration has been made by the Director of Elementary Education, Assam. Therefore, he submits that the respondent authorities may be directed to consider the case of the petitioners and to provincialise their schools as well as their services, in accordance with the relevant provisions of the Act of 2017. 7. Mr. A. Phukan, learned standing counsel for the Elementary Education Department fairly submits that since the case of the petitioners appears to have not been considered, the respondent authorities may be directed to consider the case of the petitioners, strictly in accordance with the provisions of the Act of 2017. 8. I have considered the submissions of learned counsel for the parties and also perused the materials available on record. 9. On consideration of the submissions of learned counsel for the parties and also considering the documents annexed to the writ petition, it appears that the case of the petitioners has not been considered neither under the provisions of the Act of 2011 (now repealed), nor under the new enactment i.e. Act of 2017. 10. Since the Act of 2011 has been repealed, there is no question of consideration under the above Act of 2011, at this stage. However, the provisions of the subsequent Act of 2017 provides the procedure and criteria for provincialisation of venture Schools and the services of the Teachers/Tutors/ Page No.# 22/22 Employees of the venture Schools in the State of Assam. The case of the petitioners appears to have not been considered by the respondent authorities. 11. Having considered above, I am of the view that the respondent authorities are mandated under the Law to consider the case of the petitioners and take a decision as to whether the venture schools and the services of employees of the schools including the teachers are to be provincialised under the relevant Act or not. Thus, I deem it appropriate to direct the respondent authorities to consider the case of the petitioners. 12. Accordingly, the respondent authorities, particularly, the respondent No.2 i.e. the Director of Elementary Education, Assam is directed to verify the claim of the petitioners individually and their schools and pass appropriate orders. The entire exercise, as directed herein above, shall be made within a period of six (6) months from the date of receipt of a certified copy of this order. It is provided that any decision(s), that may be arrived at by the respondent authorities, shall be communicated to the petitioners. 13. These writ petitions stands disposed of, in terms of above. JUDGE Comparing Assistant