Page No.# 1/6 GAHC010226582023 2025:GAU-AS:4972 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5954/2023 MD. FAZLUR RAHMAN BARBHUIYA S/O- MAKLISUR RAHMAN BARBHUIYA, ASSISTANT TEACHER ARABIC, LAHAMALI ME SCHOOL, CACHAR, R/O- VILL.- JAGADISHPUR PART-V, PO JAGADISHPUR, KATIGORAH, CACHAR, ASSAM, PIN- 788805. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY), DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM CUM CHAIRPERSON STATE LEVEL SCRUTINY COMMITTEE KAHILIPARA GUWAHATI-19. 3:THE DEPUTY COMMISSIONER CACHAR CUM CHAIRPERSON DISTRICT SCRUTINY COMMITTEE CACHAR ASSAM. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR ASSAM CUM MEMBER SECRETARY DISTRICT SCRUTINY COMMITTEE Page No.# 2/6 CACHAR ASSAM. 5:THE DEPUTY INSPECTOR OF SCHOOLS SILCHAR CACHAR ASSAM PIN- 788001. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER KATIGORAH EDUCATIONAL BLOCK NARSHINGPUR DIST. CACHAR ASSAM. 7:THE MISSION DIRECTOR SAMAGRA SIKSHA AXOM KAHILIPARA GUWAHATI- 781019. 8:THE SECRETARY TO THE UNION OF INDIA MINISTRY OF EDUCATION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY SASTRI BHAWAN DR. RAJENDRA PRASAD ROAD RAJPATH AREA CENTRAL SECRETARIAT NEW DELHI PIN- 110001. 9:THE REGISTRAR NATIONAL INSTITUTE OF EDUCATIONAL PLANNING AND ADMINISTRATION 17B SRI AUROBINDO MARG NCERT CAMPUS NEW DELHI PIN- 110016 Page No.# 3/6 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. S SUTRADHAR Advocate for the Respondent : SC, ELEM. EDU, SC, SSA,DY.S.G.I.,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 23.04.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned standing counsel for the respondent Nos. 1, 2, 4, 5 and 6; Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent No. 3 and Mr. B. Gogoi, learned standing counsel for the respondent No. 7. 2. Extra ordinary jurisdiction of this Court, under Article 226 of the Constitution of India, is sought to be invoked by the petitioner by filing the present petition. 3. Mr. Purkayastha, learned counsel for the petitioner submits that the petitioner is aggrieved for non-provincialisation of his service as Additional Assistant Teacher (Arabic) of Lahamali M.E. Madrassa, presently known as Lahamali M.E. School, Katigorah in the district of Cachar. Mr. Purkayastha submits that the petitioner was appointed on 08.12.2008, by the School Management Committee (SMC) with effect from 10.12.2008, and since then, he has been serving as Additional Assistant Teacher (Arabic) in the said school. After retirement of the earlier Arabic Teacher, the petitioner was adjusted as Assistant Teacher (Arabic) by the School Management Committee, vide its order dated 11.02.2019. 3.1. Mr. Purkayastha also submits that the reason for non-provincialisation of his service is that the name of the petitioner has not been reflected in the DISE Page No.# 4/6 Code No. 18210111502 for the year 2009-10. But his name appeared in the year 2019-20 and his date of joining is shown as 10.12.2008. Mr. Purkayastha further submits that the petitioner possesses all the requisite qualifications as per National Council for Teachers Education (NCTE) norms and he is eligible for provincialisation as Assistant Teacher of the school. Mr. Purkayastha has also pointed out that the District Elementary Education Officer, Cachar, instead of placing the proposal for provincialisation of service of the petitioner before the District Level Scrutiny Committee, had directly forwarded the same to the Director of Elementary Education, Assam, vide her letter dated 05.11.2020, and as such, the petitioner was deprived from provincialisation of service due to procedural lapse on the part of the State respondents. 3.2. Mr. Purkayastha further submits that for non-inclusion of the name of the teachers, the DISE Code itself is not a ground for non-provincialisation of service of the petitioner and the State respondents may physically verify the record of the school concerned and to ascertain whether the petitioner was rendering his service regularly or not. Mr. Purkayastha also submits that in similarly situated cases i.e. in WP(C) No. 2426/2023 and WP(C) No. 4894/2023, this Court was pleased to direct the respondent authorities to undertake fresh verification with regard to the school records for provincialisation of service of the petitioners of those writ petitions. 3.3. Mr. Purkayastha further submits that the petitioner has submitted a representation before the Director of Elementary Education, Assam for provincialisation of his service on 15.02.2021, and the said representation is yet to be disposed of by the Director of Elementary Education, Assam. And as such, Mr. Purkayastha submits, this writ petition may be disposed of by directing the Director of Elementary Education, Assam or the District Elementary Education Page No.# 5/6 Officer, Cachar to consider the representation dated 15.02.2021, filed by the petitioner and place the matter before the District Level Scrutiny Committee, for consideration. 4. Ms. Phukan, learned standing counsel for the respondent No. 1, 2, 4, 5 and 6; Ms. Barman, learned Addl. Senior Government Advocate for the respondent No. 3 and Mr. Gogoi, learned standing counsel for the respondent No. 7 submit that they have no objection in the event of disposing of this petition by directing the Director of Elementary Education, Assam or the District Elementary Education Officer, Cachar, to dispose of the representation filed by the petitioner, available at page number 71, Annexure-9 of the petition, and to place the matter of the petitioner before the District Level Scrutiny Committee for consideration. 5. Taking note of the submissions of learned counsel for both the parties, and without going into the merit of this petition, this Court is inclined to dispose of the same by directing the respondent No. 2 i.e. the Director of Elementary Education, Assam, to consider the representation dated 15.12.2021, (Annexure- 9) at page number 71 of the petition, and to place the matter before the District Level Scrutiny Committee, Cachar, for consideration. In the process, the District Level Scrutiny Committee may conduct physical verification of the records of the school, in which the petitioner is presently serving, to ascertain as to whether he has been rendering service in the said school since the date of his appointment on 10.12.2008, and if it is found that he has been serving since the year 2008, then to consider his case in accordance with law. 6. The aforementioned exercise has to be carried out within a period of three weeks from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and place the same before the respondent Page No.# 6/6 Nos. 2 and 4 within a period of three weeks from today 7. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant