Page No.# 1/7 GAHC010060512021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2319/2021 GOPAL KATEL S/O- LT. PRAHLAD KATEL, VILL- THALIPUKHURI, P.O. MAIL BAZAR, P.S. HELEM, DIST.- BISWANATH, PIN- 784170 VERSUS THE STATE OF ASSAM AND 9 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY-06 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER SONITPUR P.O. AND P.S. TEZPUR DIST.- SONITPUR ASSAM PIN- 784001 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BISWANATH P.O. AND P.S. BISWANATH CHARIALI DIST.- BISWANATH ASSAM PIN- 784176 5:THE BLOCK ELEMENTARY EDUCATION OFFICER CHAIDUAR EDUCATION BLOCK Page No.# 2/7 P.O. CHAIDUAR DIST.- BISWANATH ASSAM PIN- 784168 6:THE HEADMISTRESS PUB GAMIRI ADARSHA M.E VIDYAPEETH P.O. MAIL BAZAR DIST.- BISWANATH ASSAM PIN- 784170 7:LALITA DEVI THE HEADMISTRESS PUB GAMIRI ADARSHA M.E VIDYAPEETH P.O. MAIL BAZAR DIST.- BISWANATH ASSAM PIN- 784170 8:BIREN BHUYAN ASSTT. TEACHER PUB GAMIRI ADARSHA M.E VIDYAPEETH P.O. MAIL BAZAR DIST.- BISWANATH ASSAM PIN- 784170 9:SIVA PRASAD SARMAH ASSTT. TEACHER PUB GAMIRI ADARSHA M.E VIDYAPEETH P.O. MAIL BAZAR DIST.- BISWANATH ASSAM PIN- 784170 10:THE SCHOOL MANAGING COMMITTEE PUB GAMIRI ADARSHA M.E VIDYAPEETH P.O. MAIL BAZAR DIST.- BISWANATH ASSAM PIN- 784170 REP. BY THE PRESIDENT SRI RABINDRA DA Advocate for the Petitioner : MR P BHARDWAJ, Advocate for the Respondent : SC, ELEM. EDU, N AHMED (R-8,9),MR. N BORAH (R-8,9),MR. A Page No.# 3/7 RAJKHOWA (R-7 TO 10),MR. R P HAZARIKA (R-7 TO 10) BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 10.09.2025 Heard Mr. P. Bharadwaj, learned counsel appearing for the petitioner. Also heard Mr. P. N. Sarmah, learned standing counsel appearing for the Elementary Education Department and Mr. N. Borah, learned counsel appearing for the private respondent Nos. 8 and 9. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking, inter-alia, to consider the services of the petitioner for provincialision as the Assistant Teacher (Science) at Pub Gamiri Adarsha M.E. Vidyapeeth. 3. The brief facts of the petitioner are that the petitioner was appointed as Assistant Teacher (Science) at the said school on 11.05.1994 by the respondent No. 10 as per the resolution dated 12.09.1994 adopted by the Managing Committee of the said school. Accordingly, the petitioner joined as Assistant Teacher (Science) with effect from 12.05.1994. Thereafter, the School Managing Committee on 30.05.2017, submitted an application for provincialisation of services of teachers of the said school under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (hereinafter referred to as the ‘2017 Act’) before the respondent authorities, wherein the petitioner was placed at serial No. 4, whereas the names of the private Page No.# 4/7 respondent Nos. 7, 8 and 9 were placed at serial Nos. 1, 2 and 3, respectively. However, the services of the petitioner was not provincialised whereas the services of the private respondent Nos. 7, 8 and 9 were provincialised. Situated thus, the present writ petition has been filed. 4. Mr. P. Bharadwaj, learned counsel appearing for the petitioner, submits that it transpires from the affidavit-in-opposition filed by the respondent No.2 that the name of the petitioner having not been found in the DISE data upto 2012, the State Level Committee did not recommend the case of the petitioner for provincialisation. He further submits that since the ground of non provincialising the services of the petitioner is for not finding the name of the petitioner in DISE data upto 2012, the instant writ petition may be disposed of with a direction to approach the appellate authority as per the Section 14 of the 2017 Act. 5. Mr. P. N. Sarmah, learned standing counsel appearing for the Elementary Education Department, submits that he has no objection if the instant writ petition is directed by giving liberty to the petitioner to avail the appeal remedy as provided under the provisions of the 2017 Act. 6. Mr. N. Borah, learned counsel appearing for the private respondent Nos. 8 and 9, submits that despite the last order dated 04.04.2025, passed by this court in the present proceedings, the respondent authorities have not released the salary of the respondent Nos. 8 and 9. Page No.# 5/7 7. I have given my prudent considerations to the arguments advanced by the learned counsel for the parties and also have perused the material available on record. 8. Apt at the outset to refer to the relevant paragraph of the affidavit-in-opposition filed by the respondent No.2 on 19.02.2025, which reads as hereunder:- “6. That the District Elementary Education Officer, Sonitpur, with the recommendation of the District Scrutiny Committee, Sonitpur, submitted proposal for Pronvincialization of services as per Act, 2017 against PUB-Gamiri Adarsha M.E. School in which the following 4(four) teachers were recommended, showing the enrollment position as 111 during, 2016-17:- i. Lalita Devi, HM. ii. Biren Bhuiya, AT iii. Siva Prasad Sarma - HT iv. Gopal Katel, Sc.Teacher Based on the recommendation of the District Scrutiny Committee, the proposal as received from the DEEO, Sonitpur, was placed before the State Level Scrutiny Committee followed by the Joint Committee constituted by the Govt. But, as per the decision of the Joint Committee minutes dated 24.07.2020 constituted by the Govt., the office of the answering deponent verified all the parameters related DISE data furnished by the SSA, Assam and found that the name of the petitioner Gopal Katel does not appear in DISE data upto 2012. Therefore, due to non-appearance of the name of the petitioner Gopal Katel in DISE data upto 2012, the State Level Selection Committee (SLSC) as well as the Joint Committee could not recommend the name of the petitioner Gopal Katel against Pub Gamiri Adarsha ME School for provincialization of services as per Act, 2017. Page No.# 6/7 Accordingly both the Committees recommended the names of following three teachers as tutor for provincialization of services as per Act, 2017 against Pub Gamiri ME School and issued notification on 05.02.2021. i. Lalita Devi, HΜ. ii. Biren Bhuiya, AT Siva Prasad Sarma – HT” 9. Reading the aforesaid paragraph, it is apparent that due to non appearance of the name of the petitioner in DISE data upto 2012, the State Selection Committee as well as the Joint Committee did not recommend the name of the petitioner against Pub Gamiri Adarsha M.E. School for provincialisation of his services as per the 2017 Act. 10. It appears that Section 14 of the 2017 Act provides an appeal against the order passed by the State Level Scrutiny Committee, which reads as hereunder:- “14. Appellate Authority:- The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee.” 11. In view of the aforesaid appellate provision, without adverting into the merits, this court deems it appropriate, in the interest of justice, to dispose of the instant writ petition by giving liberty to the petitioner to file an appeal before the appellate authority in terms of Section 14 of the 2017 Act and as and when, such appeal is filed, the same may be considered and disposed of by the appellate authority within a period of 2 (two) months from the date of receipt of the Page No.# 7/7 appeal in accordance with law. 12. Ordered accordingly. 13. It is needless to be clarified that the respondent authorities shall comply with the direction passed by this court earlier by order dated 04.04.2025, if the same has not been done till date. 14. In view of the above, the writ petition stands disposed of. JUDGE Comparing Assistant