Page No.# 1/18 GAHC010229682024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5883/2024 RANUMA AHMED D/O- LATE SUMER ALI, VILL- MAZDIA, P.O- PASCHIM MAZDIA, DIST- BARPETA, ASSAM, PIN-781305, CLASSICAL TEACHER AT ARABIC, AT ISLAM JEUTI, BDK HIGH MADRASSA, BANBARIA, PIN-781301 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY), DISPUR , GUWAHATI -781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE DISTRICT SCRUTINY COMMITTEE BARPETA REP. THROUGH ITS CHAIRMAN DIST- BARPETA PIN-781301 4:THE INSPECTOR OF SCHOOLS BARPETA ASSAM PIN-788001 5:THE HEADMASTER Page No.# 2/18 OF ISLAM JEUTI BDK HIGH MADRASSA BANBARIA PIN-78130 Advocate for the Petitioner : MRS A BUJARBARUAH, MS A.SARMA Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM Linked Case : WP(C)/6368/2024 MD. NUR ISLAM S/O- MD. AMIR ALI R/O- VILLAGE BHULUKABARI CHAYGAON DIST- KAMRUP ASSAM PIN-781136 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR JANATA BHAWAN GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE AMINGAON GUWAHATI- 781031. Page No.# 3/18 4:THE HEAD MASTER KALATOLI KATHMI ANCHALIK (JUNIOR) COLLEGE VILLAGE- NATUN KATHMI P.O.- KALATOLI KAMRUP ASSAM PIN- 781136. ------------ Advocate for : MR. K N CHOUDHURY Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS Linked Case : WP(C)/6176/2024 BIJOY KR DEY S/O- LATE ANIL CH. DEY R/O- VILLAGE AND P.O- FULOGURI P.S- RANGAPARA DIST- SONITPUR ASSTT. TEACHER (ARTS) OF KADAMTAL HIGH SCHOOL ASSAM PIN-784504 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT) ASSAM (CIVIL) SECRETARIAT BLOCK- C DISPUR GUWAHATI ASSAM PIN- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019. Page No.# 4/18 3:THE DISTRICT LEVEL SCRUTINY COMMITTEE SONITPUR REP THROUGH ITS CHAIRMAN DIST- SONITPUR ASSAM PIN-784504 4:THE INSPECTOR OF SCHOOLS SONITPUR DISTRICT CIRCLE TEZPUR ASSAM PIN-784504 5:THE HEADMASTER OF KADAMTAL HIGH SCHOOL SONITPUR ASSAM PIN-784504 ------------ Advocate for : MRS A BUJARBARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/5957/2024 MD. AFZAL HUSSAIN SON OF LATE ABDUL KADDUS RESIDENT OF VILLAGE- CHOUDHURY PAM CHAYGAON DISTRICT- KAMRUP ASSAM PIN- 781136. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM Page No.# 5/18 SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI- 781019. 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE AMINGAON GUWAHATI- 781031. 4:THE HEAD MASTER KALATOLI KATHMI ANCHALIK SENIOR SECONDARY SCHOOL VILLAGE- NATUN KATHMI P.O.- KALATOLI KAMRUP ASSAM PIN- 781136. ------------ Advocate for : MR. K N CHOUDHURY Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS Linked Case : WP(C)/6107/2024 ABDUR RAHIM SON OF MD. HANIF ALI RESIDENT OF VILLAGE- CHOUDHURY PAM CHAYGAON DISTRICT- KAMRUP ASSAM PIN- 781136. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE Page No.# 6/18 GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI- 781019. 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE AMINGAON GUWAHATI- 781031. 4:THE HEAD MASTER KALATOLI KATHMI ANCHALIK SENIOR SECONDARY SCHOOL VILLAGE- NATUN KATHMI P.O.- KALATOLI KAMRUP ASSAM PIN- 781136. ------------ Advocate for : MR. K N CHOUDHURY Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS Linked Case : WP(C)/5931/2024 PHANI RAM KUMAR AND 4 ORS S/O- KHARGESWAR KUMAR R/O- KATIGORAH DIST- CACHAR ASSAM PIN-788805 ASSAMESE TEACHER AT KINNAKHAL PUBLIC HIGH SCHOOL HARINAGAR DIST- CACHAR ASSAM Page No.# 7/18 PIN-788805 2: SMTI RATNA DEBNATH W/O- SHYAMAL DEBNATH R/O- SILCHAR SONAI ROAD NEAR RANGIRKHARI OUTPOST P.O-LINK ROAD. DIST- CACHAR ASSAM PIN-788805 ASSISTANT TEACHER AT HATIKHAL HIGH SCHOOL HARINAGAR DIST- CACHAR ASSAM PIN-788116 3: MD. ALA UDDIN BARBHUYAN S/O- LATE JAMIR UDDIN BARBHUYAN R/O- NUTAN RAMNAGAR PART V P.O P.S SONAI CLASSICAL TEACHER (PERSIAN) AT SWADHIN BAZAR HIGH SCHOOL SILCHAR DIST- CACHAR ASSAM PIN-788001 4: L DARENDROJIT SINGHA S/O- LATE LILACHAND SINHA SCIENCE TEACHER AT SWADHIN BAZAR HIGH SCHOOL SILCHAR DIST- CACHAR ASSAM PIN-788119 5: SUMITH NATH MAZUMDER S/O- GIRINDRA MOHAN NATH MOZUMDER R/O- VILLAGE- SANTIPUR P.O- ATHARTILLA. P.S- DHOLAI SILCHAR Page No.# 8/18 DIST- CACHAR ASSAM PIN-788115 ASSISTANT TEACHER AT KALI PRASAD BINDU BASINI GIRLS HIGH SCHOOL NARSINGPUR DHOLAI VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM SCHOOL EDUCATION DEPARTMENT (SECONDARY) DISPUR GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE DISTRICT SCRUTINY COMMITTEE CACHAR REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER DIST- CACHAR PIN-788001 4:THE INSPECTOR OF SCHOOLS SILCHAR DIST- CACHAR ASSAM PIN-788001 5:THE HEADMASTER OF KINNAKHAL PUBLIC HIGH SCHOOL SILCHAR DIST- CACHAR ASSAM PIN-788001 6:THE HEADMASTER OF HATIKHAL HIGH SCHOOL SILCHAR DIST- CACHAR ASSAM Page No.# 9/18 PIN-788001 7:THE HEADMASTER OF SWADHIN BAZAR HIGH SCHOOL SILCHAR DIST- CACHAR ASSAM PIN-788001 8:THE HEADMASTER OF KALI PRASAD BINDU BASINI GIRLS HIGH SCHOOL SILCHAR DIST- CACHAR ASSAM PIN-788001 ------------ Advocate for : MRS A BUJARBARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS. Linked Case : WP(C)/6202/2024 JYOTI PRASAD BARUAH AND 7 ORS SON OF UPEN BARUAH R/O- VILLAGE JONAKI NAGAR P.O. AND P.S.- SILAPATHAR DISTRICT- DHEMAJI ARTS OF SARBUDOI HIGH SCHOOL ASSAM PIN- 787061. 2: RANJIT SARKAR S/O- LT. MOHAN CHANDRA SARKAR R/O- VILLAGE- DEBENDRA NAGAR P.O.- MAJORBARI P.S.- SILAPATHAR Page No.# 10/18 DISTRICT- DHEMAJI ASSAM ARTS TEACHER AT SARBUDOI HIGH SCHOOL ASSAM PIN- 787061. 3: KUKHESWAR PEGU S/O- RAMESWAR PEGU R/O- VILLAGE- RACHAPORI P.O.- JAMAGURI PANCHAI DISTRICT- DHEMAJI ADDITIONAL ASSISTANT TEACHER (SCIENCE) JAMUGURI PANCHALI HIGH SCHOOL ASSAM PIN- 787057. 4: NANDA KUTUM S/O- CHANDESWAR KUTUM R/O- VILLAGE- SIRAMPURIA P.O.- JUNKARENG DISTRICT- DHEMAJI ASSAM ASSISTANT TEACHER (ARTS) IN PUNSANG HIGH SCHOOL ASSAM PIN- 787060. 5: SATYA BORGOHAIN S/O- SRI KHAGI BORGOHAIN R/O- SILI ASOMIA P.O.- BHAGABAN P.S.- SILAPATHAR DISTRICT- DHEMAJI Page No.# 11/18 ASSISTANT TEACHER (ARTS) IN SILI SURJYODAI HIGH SCHOOL DHEMAJI ASSAM PIN- 787059. 6: LEKHAN UPADHAYAY S/O- PREM LAL UPADHAYAY R/O- VILLAGE- JUNAKI NAGAR P.O.- SILAPATHAR P.S.- SILAPATHAR DISTRICT- DHEMAJI (ASSAM) PIN- 787059 ASSISTANT TEACHER (ARTS) IN PHULBARI HIGH SCHOOL ASSAM PIN- 787059. 7: JUBA KUMAR KUTUM S/O- LATE RAM PRASAD KUTUM R/O- VILLAGE- CHEKAI MAJ GAON P.O.- NAMGHARIA P.S.- SILAPATHAR DISTRICT- DHEMAJI (ASSAM) ASSISTANT TEACHER (ARTS) AT MAHATMA GANDHI HIGH SCHOOL ASSAM PIN- 787059. 8: ARJUN DAS S/O- LT. KARTIK CH. DAS R/O- VILLAGE- NO.3 SIMEN CHAPORI P.O. AND P.S.- SIMEN CHAPORI UNDER JONAI SUB-DIVISION DISTRICT- DHEMAJI SCIENCE TEACHER AT SOMKONG HIGH SCHOOL Page No.# 12/18 ASSAM PIN- VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM SCHOOL EDUCATION DEPARTMENT (SECONDARY) GUWAHATI- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI- 781019. 3:THE DISTRICT SCRUTINY COMMITTEE DHEMAJI REPRESENTED THROUGH ITS CHAIRMAN THE DHEMAJI DISTRICT PIN- 787057. 4:THE INSPECTOR OF SCHOOLS DHEMAJI DISTRICT ASSAM PIN- 787057. 5:THE HEADMASTER OF SARBUDOI HIGH SCHOOL DHEMAJI ASSAM PIN- 787061. 6:THE HEADMASTER OF JAMUGURI PANCHALI HIGH SCHOOL DHEMAJI ASSAM PIN- 787057. 7:THE HEADMASTER OF PUNSANG HIGH SCHOOL DHEMAJI ASSAM PIN- 787060. 8:THE HEADMASTER OF SILI SURJYODAI HIGH SCHOOL DHEMAJI ASSAM PIN- 787059. Page No.# 13/18 9:THE HEADMASTER OF PHULBARI HIGH SCHOOL DHEMAJI ASSAM PIN- 787059. 10:THE HEADMASTER OF MAHATMA GANDHI HIGH SCHOOL DHEMAJI ASSAM PIN- 787059. 11:THE HEADMASTER OF SOMKONG HIGH SCHOOL DHEMAJI ASSAM PIN- 787061. ------------ Advocate for : MRS A BUJARBARUAH Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 10 ORS Linked Case : WP(C)/3378/2023 MIR HUSSAIN AND ANR SON OF SHABDUL ALI RESIDENT OF VILLAGE- BHALUKI P.O.- BALABHITA P.S.- BARPETA ROAD DISTRICT- BARPETA ASSAM PIN- 781313. 2: ROSHWARA AHMED WIFE OF ZEHIDUL ISLAM RESIDENT OF VILLAGE- MAJGAON P.O.- MAJGAON P.S.- BARPETA DISTRICT- BARPETA ASSAM PIN- 781313. VERSUS Page No.# 14/18 THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI- 781019. 3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM PIN- 781301. ------------ Advocate for : MR D J DAS Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 20-03-2025 Heard Mr. R.M. Deka, learned counsel for the petitioners in WP(C) 5957/2024, WP(C) 6107/2024, WP(C) 6368/2024; Mr. D.J. Das, learned counsel for the petitioner in WP(C) 3378/2023 and Mrs. A. Bujarbaruah, learned counsel for the petitioners in WP(C) 5883/2024, WP(C) 5931/2024, WP(C) 6176/2024 and WP(C) 6202/2024. Also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education Department for all the respondents. 2. As these batch of writ petitions involved similar facts and law, the same are heard analogously and disposed of by this common order. 3. The writ petitions have been instituted praying for provincialisation of the services of the petitioners as teachers/tutors in different schools in the districts of Kamrup, Barpeta, Cachar, Dhemaji and Sonitpur, by seeking similar relief as provided in the judgment and order passed in a batch of writ petitions, leading case being WP(C) 1353/2022. Page No.# 15/18 4. In WP(C) 6368/2024, WP(C) 5957/2024 and WP(C) 6107/2024 the petitioners were appointed as lecturer and teachers at Kalatoli Kathmi, Anchalik Senior Secondary School, Kamrup; Assam. In WP(C) 3378/2023, the petitioners were appointed as lecturers in Navasakti Senior Secondary School, Majgaon. In WP(C) 5883/2024 the petitioner was appointed as teacher in Islam Jeuti B.D.K. High Madrassa. In WP(C) 5931/2024, the petitioners No.1, was appointed as teacher at Kinnakhal Public High School, petitioner No.2 was appointed as teacher at Hatikhal High School, Cachar, petitioner No. 3 and 4 were appointed as teachers at Swadhin Bazar High School, and petitioner No.5 was appointed as teacher at Kali Prasad Bindu Basini Girls High School. In WP(C) 6176/2024 the petitioner was appointed as Assistant teacher in Kadamtal H.E. School and in WP(C) 6202/2024 the petitioners No.1 and 2 were appointed as teachers in Sarbudoi High School, Assam; petitioner No. 3 was appointed as teacher in Jamuguri Panchali High School; petitioner No.4 was appointed as teacher at Punsang High School, Assam, petitioner No.5 was appointed as teacher in Sili Surjyodai High School, Dhemaji; petitioner No.6 was appointed as teacher in Phulbari High School, petitioner No.7 was appointed as teacher in Mahatma Gandhi High School and petitioner No.8 was appointed as teacher in Somkong High School. 5. The District Scrutiny Committee in terms of the provision of Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short, “Act of 2017”) recommended for provincialisation of the services of the petitioners as teachers/tutors. However, the services of the petitioners have not been provincialised on the ground that their names are not reflected in DISE Code. 6. Mr. R.M. Deka, and Mrs. A. Bujarbaruah, learned counsels for the petitioners have submitted that under the Act of 2017, there is no requirement of reflecting the names of the teachers/tutors of the venture senior secondary/secondary school in the DISE Code for provincialisaltion of their services. Therefore, they submit that the rejection of the case of the petitioners for provincialisation of their services on the ground of not reflecting their names in the DISE Code is not tenable and as such, a direction may be issued to the respondent authorities to provincialise the services of the petitioners in accordance with the said Act, 2017. 7. The learned counsel for the petitioners by relying on the judgment of the Coordinate Bench of this Court in the case of Kishor Kumar Nath and Others –vs- State of Assam and other batch of writ petitions reported in 2023 SCC Online GAU 1487 submits that the above judgment and order squarely covers the case of the petitioners in the present case. Page No.# 16/18 8. Mr. N.J. Khataniar, learned Standing Counsel, Secondary Education Department, fairly submits that the judgment and order as relied upon by the learned counsel for the petitioners in the case of Kishor Kumar Nath (supra) covers the case of the present petitioners and therefore, he would not have any objection to the prayer made by the learned counsel for the petitioners in the present proceedings. 9. Having considered the submissions of the learned counsel for the parties and also on perusal of the judgment and order in Kishor Kumar Nath (supra), I am of the view that the above case squarely covers the present cases. Thus, it would be appropriate to provide a similar relief to the present petitioners. 10. A reference may be made to the relevant paragraphs in the case of Kishor Kumar Nath (supra). Paragraphs 9, 14, 16, 17, 18 and 19 are quoted herein below:- “9. However, the requirement of capturing in the DISE Code upto 2009-10 as well as a proviso similar in content to Section 2 (za) & 2 (zb) of the Act of 2017 is not seen in the definition of “Venture High School” or “Venture Higher Secondary School” as defined in Section 2 (x) & 2 (y) of the Act of 2017. 14. From the above quoted provision, it transpires that the services of teachers or tutors subject to fulfillment of all other provisions of the Act of 2017 shall be deemed to have been provincialised on the date of publication of the provincialisation order by Notification in the official Gazette and they shall become employees of the State Government with effect from such date. Section 4 (2) of the Act of 2017 stipulates the fulfillment of various criteria. In terms with Clause (i) of Section 4 (2) of the act of 2017, the teacher and/or tutor must have been working as a teacher in the concerned Venture Educational Institution as mentioned in Section 3 (1) (i) that have been recognized by the competent authority on or before 01.01.2006. The said teacher and/or tutor in terms with Clause (ii) must have minimum educational and professional qualifications as laid down under different Acts, Rules and Regulations as mentioned in Section 6 or any other relevant statutory provisions, as the case may be. The teachers and/or tutors in terms with Clause (iii), whose services are required to be provincialised must also have rendered at least 6 years continuous service as on 01.07.2017 from the date of joining in the concerned Venture Educational Institution which must be on 31.12.2010 or prior to that date. Sub-Clause (iv) of Section 4 (2) deals with those teachers and/or tutors in respect to special subjects like Sanskrit, Arabic, Hindi, Craft Teacher, Music Teacher and other Classical Teachers in respect of whom the number of students appeared in the concerned final examination like HSLC and HS (10 + 2) conducted by the SEBA or the ASHEC, as the case may be, shall not be less than 10 students in each class per year during last three years. This Section also do not envisage the requirement of the names of teachers of “Venture High School” or “Venture Higher Secondary School” to be captured in the DISE Code. Page No.# 17/18 16. Therefore, a conjoint reading of the provisions referred to hereinabove in respect to the Act of 2017 there is no requirement for the names of the teachers working in the “Venture High School” as well as “Venture Higher Secondary School” as defined in Section 2 (x) and 2 (y) of the Act of 2017 to have their names captured in the DISE Code as is otherwise required in the case of a teachers/tutors whose services are to be provincialised in respect of “Venture ME School” and “Venture Lower Primary School” as well as “Venture Upper Primary School” as defined in Sections 2 (za), 2 (zb) and 2 (zc) of the Act of 2017 wherein the names of such teachers or tutors are required to be captured in the DISE Code up to 2009-10. 17. In the backdrop of the above, let this Court take into consideration the case of the petitioners before this Court in the present batch of writ petitions. The learned counsel for the petitioners has submitted that the concerned respondent authorities have not processed the proposals for provincialisation of the services of the petitioners who are working in “Venture High Schools” and “Venture Higher Secondary Schools” on the ground that the petitioners’ names are not captured in the DISE Code. It is also the case of the petitioners that the concerned authorities have issued communication not to process such proposals of provincialisation of services of teachers/tutors whose names have not been captured in the DISE Code. 18. This Court, on the basis of the above analysis of the provisions of the Act of 2017, is of the opinion that the insistence of the respondent authorities of the names of petitioners who have been rendering services in “Venture High School” and “Venture Higher Secondary School” to be captured in the DISE Code of 2009-10 is contrary to the Act of 2017 as it is not the mandate of the Act of 2017 to fulfill such requirement in respect to such teachers and/or tutors working in “Venture High School” and “Venture Higher Secondary School” to have their names captured in the DISE Code upto 2009-10. Such insistence is arbitrary and contrary to the provisions of the Act of 2017 and accordingly interfered with. 19. Taking into account the same, this Court therefore, disposes of the instant batch of writ petitions with a direction to the concerned respondent authorities, more particularly, the Director of Secondary Education Department to consider the case of the petitioner for provincialisation of their services as teachers and/or tutors by making necessary verification in terms with Section 4 of the Act of 2017 and without insisting upon their names being captured in the DISE Code of 2009- 10 or prior thereto. This exercise be completed within 6 (six) months from the date a certified copy of this judgment is served upon the Director of Secondary Education Department. 11. Having perused the above judgment and order and also considering the fair submissions of the learned counsel for the parties, these batch of writ petitions are disposed of by providing similar relief Page No.# 18/18 to the petitioners as provided in the case of Kishor Kumar Nath (supra). 12. Accordingly, the Director of Secondary Education, Government of Assam is directed to consider the case of the petitioners for provincialisation of their services as teachers/tutors by making necessary verification as per the provision of the Act of 2017 without necessitating upon their names being captured in the DISE Code of 2009-10 as provided in the above case. The entire exercise be completed within a period of 6 (six) months from the date of receipt of the certified copy of this order. 13. With the above observations and directions, the writ petitions are allowed and disposed of. JUDGE Comparing Assistant