Page No.# 1/7 GAHC010024262026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/841/2026 SANKAR KALITA S/O- HARENDRA NATH KALITA. VILL.- HAHARA, P.O.- PUTHIMARI, P.S.- KAMALPUR, DIST.- KAMRUP(R), ASSAM, PIN- 781380. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER TO THE GOVT. OF ASSAM. FINANCE DEPARTMENT DISPUR GUWAHATI-06. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE STATE LEVEL SCRUTINY COMMITTEE SECONDARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI-19. (TO BE REPRESENTED BY THE CHAIRMAN OF THE STATE LEVEL SCRUTINY COMMITTEE SECONDARY EDUCATION DEPARTMENT KAHILIPARA.GUWAHATI-19.) 5:THE DISTRICT SCRUTINY COMMITTE Page No.# 2/7 KAMRUP DISTRICT. (TO BE REPRESENTED BY ITS CHAIRMAN - CUM - THE DISTRICT COMMISSIONER KAMRUP(R) P.O.- AMINGAON DIST.- KAMRUP(R) ASSAM PIN - 781031.) 6:THE JOINT COMMITTEE TO BE REPRESENTED BY THE CHAIRMAN JOINT COMMITTEE AND CHAIRMAN ASSAM STATE SCHOOL EDUCATION BOARD BAMUNIMAIDUM GUWAHATI- 21. 7:THE INSPECTOR OF SCHOOLS KAMRUP (R) KAMRUP P.O.- AMINGAON DIST.- KAMRUP(R) ASSAM PIN - 781031 Advocate for the Petitioner : MR. R ISLAM, B HAZARIKA,T TALUKDAR Advocate for the Respondent : SC, EDU, GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27-08-2026 Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Ms. H. Terangpi, learned standing counsel, Secondary Education, Assam. 2. The petitioner in the present writ petition has prayed for a direction upon the respondent authorities for provincialisation of his services as Tutor/ Teacher in the subject Logic & Philosophy in PHB Senior Secondary School, with retrospective effect, i.e., w.e.f. Page No.# 3/7 01-01-2021. 3. The petitioner, herein, was appointed as a Lecturer in PHB College on 15-12-2000. The petitioner had joined against the said post on 04-01-2021. It is to be noted that, at the time of appointment of the petitioner, the said college was in its venture stage. Pursuant to enactment of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions), Act, 2017, the names of the teachers working in the said College, now renamed as “PHB Senior Secondary School” was forwarded to the jurisdictional District Scrutiny Committee. The District Scrutiny Committee (DSC) on verification of the service particulars of the employees of the said school, proceeded to recommend for provincialisation of services of 07 (seven) Post Graduate Teachers. However, the name of the petitioner came to be excluded from the purview of the said recommendation. Basing on the said recommendation made by the jurisdictional DSC, after the same was scrutinized by the concerned authorities, persons who were so recommended came to be provincialized in the said school, w.e.f. 01-01- 2021, vide issuance of order dated 04-02-2021. 3.1. The petitioner, being aggrieved, by his exclusion from the purview of provincialisation, approached the respondent authorities, praying for reconsideration of his case. The petitioner, also filed an appeal before the Chairman, State Level Scrutiny Committee, on 30-09-2021, against his exclusion from the purview of provincialisation by the jurisdictional District Level Scrutiny Committee. Accordingly, an enquiry was carried out in the matter to determine the status of enrolment of students in the subject Logic & Philosophy, in the said school. On a query, made with the authorities of the Assam Higher Page No.# 4/7 Secondary Education Council, the Council had responded by stating that in total 11 candidates had appeared for the HSSLC final examination for the year 2016, in the subject Logic & Philosophy, from the PHB Senior Secondary School. Thereafter, the matter was placed before the State Level Scrutiny Committee and the Scrutiny Committee proceeded to recommend the case of the petitioner for provincialisation of his services under the Act of 2017, as a Tutor. 3.2. It is projected that, thereafter, basing on the recommendation of the Joint Committee, as constituted in the matter, further verification was carried out in respect of the enrolment status of the students in the subject Logic & Philosophy, as well as the entitlement of the petitioner for being provincialized in his services. It is projected that favourable reports having been submitted in respect of the petitioner, the matter was again placed before the Joint Committee and the said Committee had directed for re- verification of the particulars of the petitioner by an independent authority, to ascertain the genuineness of his claim. Accordingly, the case of the petitioner was referred to the Deputy Commissioner, Kamrup at Amingaon, for verification and on a verification so done, a report favourable to the petitioner came to be submitted. Thereafter, the Director, Secondary Education, Assam vide communication dated 23-12-2014, forwarded the names of the petitioner to the Government in the Department of Secondary Education, with a recommendation for provincialisation of his services, as Tutor. In the said recommendation, it was so mentioned that in the year 2016, 11 (eleven) students were found to have been enrolled against the subject Logic & Philosophy in the said school, as per report of the Assam Higher Secondary Education Council (AHSEC). Further steps after Page No.# 5/7 the said recommendation, made in favour of the petitioner, not having been taken, the petitioner has instituted the present writ petition. 4. I have heard the learned counsel for the parties and have also perused the materials available on record. 5. The projection made by the petitioner in the writ petition, including the fact that favourable recommendations came to be made by the concerned authorities, for provincialisation of his services, has not been disputed by the respondents. 6. The learned standing counsel, Secondary Education, Assam, has placed on record, a communication received from the Deputy Secretary to the Govt. of Assam, Department of School Education, wherein, it has been disclosed that the report submitted by the Director, Secondary Education, vide communication, dated 30-07-2026, with regard to the enrolment status of the students in the subject Logic & Philosophy, was received and the matter was under process in the department. 7. From the materials brought on record, this Court finds that the services of the petitioner was not provincialized along with other teachers, found eligible for provincialisation of their services, in the said school, only on the ground that there was a doubt with regard to the number of students enrolled in the subject Logic & Philosophy, in the said school during the year 2016. 8. The provisions of Section 3(1)(vii) of the Act of 2017, mandates for provincialisation of services of one teacher/ tutor in each subject including core subject, in a Venture Higher Secondary School or Venture Senior Secondary School. It further Page No.# 6/7 mandates that at least 10 (ten) students must have appeared in the last final examination, in that particular subject, from that institution. The last final examination, insofar as, the petitioner is concerned is the HSSLC examination held in the year 2016. The report brought on record, including the verification report, submitted by the Director, Secondary Education, Assam, reflects that in the year 2016, against the subject Logic & Philosophy, 10 (ten) students had admittedly appeared in the HSSLC examination, from the school in question, in the subject Logic & Philosophy. Accordingly, the petitioner fulfills the requisite eligibility criteria, for having his services provincialized. The provincialisation of the services of the petitioner was not effected along with that of the other teachers in the school, only on account of a doubt arising, with regard to the enrolment status of students in the said school, in the subject Logic & Philosophy. The said issue having been resolved in favour of the petitioner, this Court from the records of the matter, does not find that there exists any other issue that would have the effect of denying to the petitioner, provincialisation of his services. Accordingly, this Court is of the considered view that the petitioner is entitled to have his services provincialized in the said school. 9. In view of the conclusions reached, hereinabove, the Secretary to the Govt. of Assam, Department of School Education, is directed to consider the recommendation made in favour of the petitioner, including the recommendation made by the Director, Secondary Education, Assam, in this connection, vide the communications, dated 23-12- 2024 and 30-07-2026 and to grant the requisite approval, for provincialisation of the services of the petitioner. It is also directed that as the Joint Committee has already been held to be a body not envisaged within the provision of the Act of 2017, the case of the Page No.# 7/7 petitioner be not forwarded to the said Committee and the decision in the matter be arrived at by the Secretary to the Govt. of Assam, Department of School Education. Such decision be arrived at within a period of 01 (one) month from the date of receipt of a certified copy of this order. 10. On an approval being granted by the Secretary to the Govt. of Assam, Department of Secondary Education, for provincialisation of the services of the petitioner, the Director of Secondary Education shall issue consequential order(s) provincializing the services of the petitioner as Tutor in the subject of Logic & Philosophy in PHB Senior Secondary School, with retrospective effect, i.e., w.e.f. 01-01-2021, with all consequential benefits, maintaining parity with the provincialisation effected in respect of other similarly situated persons, in the said school. The consequential orders in this connection be passed within a period of 15 (fifteen) days from the date of receipt of the approval, in this connection, from the Secretary to the Govt. of Assam, Department of School Education. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant