Page No.# 1/4 GAHC010011502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/443/2024 ABDUL FATTAH AND 4 ORS S/O SURUJ ALI, VILL- BOTOIYA, P.O.-DUHALIA, P.S.-PATHARKANDI, DIST- KARIMGANJ, ASSAM, PIN-788724 2: SHARIF HUSSAIN S/O LATE ILAS ALI VILL-DALUACHERRA P.O.-LEELACHILA P.S.-RATABARI DIST-KARIMGANJ ASSAM PIN-788735 3: RAPNA BEGOM VILL- JAKIALA P.O.-ERALIGOOL P.S.-PATAHRKANDI DIST-KARIMGANJ ASSAM PIN-788720 4: NASIR UDDIN S/O AKMOL ALI VILL- JAKIALA P.O.-ERALIGOOL P.S.-PATAHRKANDI DIST-KARIMGANJ ASSAM PIN-788720 5: MD. AZIR UDDIN S/O TASABBAR ALI VILL- BOTOLIYA P.O.-DUHALIA Page No.# 2/4 P.S.-PATHARKANDI DIST- KARIMGANJ ASSAM PIN-78872 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE STATE LEVEL SCRUTINY COMMITTEE FOR PROVINCIALISATION OF SERVICES OF THE TEACHERS OF VENTURE EDUCATIONAL INSTITUTIONS REPRESENTED BY ITS CHAIRMAN CUM DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE DISTRICT LEVEL SCRUTINY COMMITTEE FOR PROVINCIALISATION OF SERVICES OF THE TEACHERS OF VENTURE EDUCATIONAL INSTITUTIONS REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER KARIMGANJ DIST- KARIMGANJ ASSAM PIN-788710 5:THE DISTRICT ELEMENTARY EDUCATION KARIMGANJ DIST-KARIMGANJ ASSAM PIN-788710 6:THE BLOCK ELEMENTARY EDUCATION OFFICER PATHARKANDI DIST-KARIMGANJ ASSAM PIN-78872 Advocate for the Petitioner : MR. S B LASKAR, MS D DUTTA,MR. H A LASKAR,MR. A S TAPADER Page No.# 3/4 Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 26-03-2025 Heard Mr. H.A. Laskar, learned counsel for the petitioners. Also heard Mr. B. Talukdar, learned Standing Counsel, Elementary Education Department for the respondents No. 1, 2, 3, 5 and 6. 2. Aggrieved by non-consideration of the case of the petitioner for provincialisation of their services by the State Level Scrutiny Committee, this writ petition has been preferred by the petitioners. 3. The petitioners claimed to have been serving as teachers/tutors at Botoiya M.E. School under Patarkandi Educational Block in the district of Karimganj, have been recommended by the District Scrutiny Committee for provincialisation of their services in terms of Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short, Act of 2017) on 06.02.2018. However, the cases of the petitioners have been left out by the respondent authorities including the State Level Scrutiny Committee. 4. On consideration of the documents annexed to the writ petition, it is noticed that the District Scrutiny Committee, Karimganj district has recommended the names of the petitioners for provincialisation of their services vide dated 06.02.2018. It is noted that as per the procedure the State Level Scrutiny Committee is required to consider the case of the petitioners, being recommended by the District Scrutiny Committee in terms of the Act of 2017. 5. It is the submissions of the learned counsel for the petitioners that despite several approaches by the petitioners, no consideration has been made by the State Level Scrutiny Committee, which is in violation of the provision of the Act of 2017. 6. Having considered that the cases of the petitioners have duly been recommended by the District Scrutiny Committee, Karimganj, I am of the view that the State level Scrutiny Committee is obligated to consider the case of the petitioners. 7. In view of the above and as agreed to by the learned counsel for the parties, this writ petition is disposed of with a direction to the respondents, particularly the respondent No.3 to consider the case of Page No.# 4/4 the petitioners, strictly in accordance with the provision of the Act of 2017. The aforesaid exercise shall be completed within a period of 3 (three) months from today. 8. Writ petition stands disposed of. JUDGE Comparing Assistant