Page No.# 1/9 GAHC010034582024 2025:GAU-AS:10077 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1057/2024 ARCHANA PHUKON W/O- LATE JUREN BORA, R/O- MELANG METALIGAON, DISTRICT- JORHAT, ASSAM, DOB- 01.01.1968, PH. 9401740243 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 ASSAM 3:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN C/O OFFICE OF THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 4:THE DISTRICT SCRUTINY COMMITTEE FOR SECONDARY EDUCATION DISTRICT JORHAT REPRESENTED BY ITS CHAIRMAN THE DEPUTY COMMISSIONER JORHAT ASSAM- 785001 Page No.# 2/9 5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MR J SINGH,MS V V THANYU Advocate for the Respondent : SC, SEC. EDU., MS. D D BARMAN GA, ASSAM,MR A CHALIHA SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 04.08.2025 Heard Ms. J.M. Konwar, learned counsel appearing for the petitioner. Also heard Ms. H. Teranpi, learned Standing Counsel, Secondary Education for respondent Nos. 1 & 2 and Ms. S. Barua, learned Government Counsel appearing for respondent No.4. Ms. A. Borthakur, learned counsel appearing on behalf of Mr. P. Nayak, learned Standing Counsel, Finance Department for respondent No. 5. 2. By way of this application under Article 226 of the Constitution of India, the petitioner is assailing the alleged unreasonable and unjustified deprivation of the petitioner from the benefit of provincialisation as of her services as Assistant Teacher (Arts) of Paschim Chowkat U.M. Vidyalaya, District-Jorhat, inasmuch as, she has been excluded from the provincialisation list published on 04.02.2021. 3. Pertinent that, Meleng Prov. High School in the meantime has Page No.# 3/9 been identified as the Base School for Paschim Chowkat U.M. Vidyalaya, District-Jorhat. 4. During the pendency of the writ proceeding, an affidavit-in- opposition has been filed. Relevant paragraphs of the aforesaid affidavit-in-opposition reads as under:- “2. That, saves and except those statements and averments made in the writ petition that are specifically admitted below, all the other statements and averments made therein shall be deemed to have been denied by the deponent. Further, the deponent does not admit anything beyond records of the case. 3. That, the answering deponent at the very outset humbly begs to state that instead of giving parawise reply to the writ petition, at this stage, deems it appropriate to disclose the stand of the respondents against the relief sought for in the instant writ petition. However, the deponent craves leave of this Hon'ble Court to file a detailed affidavit, if need arises. 4. That, the answering deponent humbly begs to state that the matter pertaining to claim for provincialization of services of the petitioner i.e. Archana Phukan as Assistant Teacher (Arts) in Pachim Chowkhat Uccha Madhaymik Vidyalaya, Majuli under Jorhat district. 5. That, the answering deponent humbly begs to state that in this connection it is to be mentioned here that the Pachim Chowkhat Uccha Madhaymik Vidyalaya and the services of teaching and non-teaching staff were provincialized in the year 2021. But, the services of the petitioner could not be provincialized as petitioner name was wrongly typed as Archana Goswami instead of Archana Phukan and as such petitioner name was not reflected in UDISE data. As a result, the petitioner i.e. (Archana Phukan) name could not be traced out in the UDISE data as Archana Goswami against the school and for that reason, the petitioner i.e. (Archana Phukan) was not considered for provincialization in due course of time. On receiving the representation of the petitioner i.e. (Archana Phukan) the matter was forwarded to the Government along with 53 other cases on due Page No.# 4/9 recommendation of the State Level Scrutiny Committee meeting which was held on 12.07.2022. 6. That, the answering deponent humbly begs to state that subsequently, the matter was placed before the Joint Committee for necessary views on the matter. The Joint Committee in its meeting held on 13.12.2022 decided to re-verify the case of the petitioner i.e. (Archana Phukan) and 53 Others incumbents through District Scrutiny Committee (DSC) as per the proposal submitted to the Government vide the office letter No. PC/Sec/125/2021/95 dated 12.07.2022. A copy of the vide office letter No. PC/Sec/125/2021/95 dated 12.07.2022 is annexed herewith and marked as Annexure-1. 7. That, the answering deponent humbly begs to state that accordingly, the matter was communicated to the Inspector of Schools of the districts for re-verification on the matter and submit report in this regard. On receipt of re-verification report from the concerned District Scrutiny Committee in favour of the petitioner i.e. (Archana Phukan), the case of the petitioner was placed before the State Level Scrutiny Committee as per minutes of the Joint Committee meeting which was held on 31.07.2023. 8. That, the answering deponent humbly begs to state that the State Level Scrutiny Committee meeting examined the matter and recommended the name of the petitioner i.e. (Archana Phukan) for provincialization of her services as Assistant Teacher (Arts) in PachimChowkhatUccha Madhyamik Vidyalaya, Majuli under Jorhat District. As per recommendationmade by the SLSC, necessary proposal for creation of posts of 23 (twenty-three) incumbents including the name of the petitioner i.e. (Archana Phukan) was submitted to the Govt. vide this office letter No. PC/Sec/125/2021/113 dated 02.08.2023. A copy of the vide office letter No. PC/Sec/125/2021/113 dated 02.08.2023 is annexed herewith and marked as Annexure-2. 9. That, the answering deponent humbly begs to state Page No.# 5/9 that again, as per the minutes of the Joint Committee meeting which was held on 11.10.2023, the committee had opined that the claims of the petitioners shall require for further proper verification at field level by Independent Authority to ascertain the genuineness or the claims. 10. That, the answering deponent humbly begs to state thatas such, this office vide letter No. E-348856/71 dated 19.02.2024 and No.-348896/78 dated 05.05.2024 requested the District Commissioner of the concerned district to verify the claims or the petitioner at field level as being Independent Authority and submit genuineness of the claims with proper views and comments to dais Directorate for onward submission of the report to the Govt. for taking further necessary action. A copy of the office vide letter No. E- 348896/71 dated 19.02.2024 and also a copy of the office videNo.-348896/78 dated 05.05.2024 are annexed herewith and marked as Annexures- 3 and Annexure- 3/A respectively. 11. That, the answering deponent humbly begs to state thatin the meantime, the Hon'ble High Court vide order dated 19-06-2024 passed in W.P.(C)No. 1057/2024, directed that the order issued towards implementation of the recommendations of the State Level Scrutiny Committee (SLSC), shall be placed before the Hon'ble High Court as directed in its earlier order dated 28.02.2024.On receipt of the report of the Independent Authority of Jorhat district the matter was placed before the Joint Committee Meeting held on 19.07.2024. The Joint Committee in its meeting dated 19.07.2024 recommended the name of Archana Phukan of PachimChowkhat High School along with 4 other incumbents for provincialisation of their services whose services were not provincialised earlier due to spelling mistakes of their names. 12. That, the answering deponent humbly begs to state thatthe Joint Committee Meeting held on 19.07. 2024. The Joint Committee in its meeting dated 19.07.2024 recommended the name of Archana Phukan of PachimChowkhat High School along with 4 other incumbents for provincialisation of their services whose services were not provincialised earlier due to spelling mistakes of their names. The proposal for creation of Page No.# 6/9 posts of 5(five) incumbents including the name of the petitioner i.e. Archana Phukanhas already been communicated to the Govt. vide this office letter E- 521417/19 dated 02.09.2024 as per Section 21of the Provincialisation Act, 2017 and as Amended in 2018. A copy of the office letter E-521417/19 dated 02.09.2024 is annexed herewith and marked as Annexure-4.” 5. Reading of the aforesaid paragraphs, it is apparent that initially, since the name of the petitioner has been wrongly typed as Archana Goswami instead of Archana Phukon, her name was not included in the impugned provincialised list, however, it appears that subsequently, in the recommendation for proposal for creation of five (5) number of post for tutors for provincialisation of services under the Provisions of the Provincialisation Act, 2017, and as amended in 2018, the name of the petitioner is recommended at Sl. No. 4. 6. Relevant portion of the aforesaid order dated 02.09.2024 reads a under:- “GOVERNMENT OF ASSAM OFFICE OF THE DIRECTORATE OF SECONDARY EDUCATION, ASSAM KAHILIPARA, GUWAHATI-781019. E-521417/19 From: Smt. Mamata Hojai, AES, Director of Secondary Education, Assam, Kahilipara, Guwahati-19. To: The Secretary to the Govt. of Assam Department of School Education Dispur, Guwahati-6. Sub.: Proposal for creation of 5 (five) nos. posts of Tutors for provincialisation of services under the provision of Provincialisation Act, 2017 and as Amended in Page No.# 7/9 2018. Sir, With reference to the subject cited above, I have the honour to state that in earlier occasions, necessary proposals for creation of posts for provincialisation of services of the incumbents in various categories of posts were submitted to the Govt. in various communications issued by this Directorate vide letter No. PC/Sec/125/2021/116, dated 21.08.2023; No. PC/Sec/125/2021/113, dated 02.08.2023 and No. E- 521417/12, dated 11.07.2024 as per recommendations of the State Level Scrutiny Committee. In the meantime, the proposals were placed before the Joint Committee meeting held on 11.10.2023 and the Joint Committee has opined that for further proper verification of the claims, it shall be re-verified at field level by Independent Authority to ascertain the genuineness of the claims. On receipt of the reports from the Independent Authority of the concerned districts, the matter was placed before the Joint Committee meeting held on 19.07.2024. The Joint Committee in its meeting dated 19.07.2024 decided to provincialise the services of the below mentioned incumbents whose services were not provincialised earlier due to spelling mistakes of their names. The copy of the Minutes of the Joint Committee meeting dated 19.07.2024 is enclosed herewith. Sl.No District Name of the School Name of the incumbents Designation Post held by the incumbent (within schedule/ beyond schedule) as per the Act. Remarks 1 2 3 4 5 6 7 1. Cachar Aswini Kumar High School Rajanit Das AT (Arts) Within Schedule Recommended as Tutor. 2. Dhubri Balirchar High School Omar Ali Sheikh AT (Arts) Within Schedule Recommended as Tutor. 3. Dhubri Gandhi Uchcha Madhyamik Vidyalaya Abdul Gofur AT (Sc.) Within Schedule Recommended as Tutor. 4. Jorhat Pachim Chowkhata High School Archana Phukan AT (Arts) Within Schedule Recommended as Tutor. 5. Golaghat Mamorani Pancharatna High School Bonti Hazarika Hindi Teacher (Tutor) Within Schedule Recommended as Tutor. Page No.# 8/9 In this regard, the necessary financial implication for creation of 5 (five) nos post of Tutors is furnished herewith at Annexure-A. In this connection, it may be stated here that there is a budget provision of Rs.8500.00 lakhs for the above purpose during the financial year 2024-25. Out of which Rs. 554.944 lakhs is the remaining balance as on date. The expenditure is debitable under the Head of Account "2202-02-110-0269-000-02-99". The Checklist 5 & Checklist 9 required for the above mentioned purpose is also enclosed herewith at Annexure- 1 & Annexure-II respectively. Govt. is therefore, requested kindly to look into the matter and accord necessary approval for creation of 5 (five) nos post of Tutors as mentioned above at an early date. This is for favour of kind information and necessary action. Enclo.: As stated above. Yours faithfully, Signed by Mamata Hojal Date: 02-09-202417:28:57 Director-of-Secondary Education, Assam Kahilipara, Guwahati-19” 7. Thus, it is apparent that the name of the petitioner has been recommended for provincialisation. 8. Ms. H. Teranpi, learned Standing Counsel, Secondary Education, in her usual fairness submits that the entire exercise of provincialisation of the services of the petitioner is likely to be completed within two (2) months. 9. In view of the aforesaid endorsement made by the learned Page No.# 9/9 counsel appearing for the Education Department and also upon perusing the averments including the recommendation order as extracted herein above, this Court is of the opinion that this Writ Petition can be disposed of with a direction to the respondent authorities to provincialise the service of the petitioner as per the recommendation of the Government of Assam, Office of Directorate of Secondary Education, Assam, as per the recommendation dated 02.09.2024 issued by the Government of Assam, Office of Directorate of Secondary Education, Assam, w.e.f. 01.01.2021 with Meleng Prov. High School as the base school of the Pachim Chowkhat U.M. Bidyalaya, District-Jorhat, in accordance with law. 10. It is needless to be clarified that on conclusion of the provincialisation process, all consequential benefits shall also given in accordance with law. 11. The Writ Petition accordingly stands disposed of. JUDGE Comparing Assistant