Achintya Malla Bujor Barua, J. - (1.)Heard Mr. A.K. Sarma, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned counsel for the respondents no. 1, 2, 3 and 5 in the Elementary Education Department of Government of Assam, Mr. S.R. Barua, learned counsel for the respondent no. 4 being the District Scrutiny Committee of Barpeta district represented by the Deputy Commissioner and Mr. D.K. Roy, learned counsel for the Secondary Education Board of Assam and Assam Higher Secondary Education Council.
(2.)The petitioner Sri Muzammil Hoque was appointed as an Assistant Teacher in the Madhya Kalaha Bhanga Balika L.P. School in the Barpeta district on 07.04.2008. On the date when he was appointed as an Assistant Teacher the petitioner did not have the qualification of being HSLC passed but he had appeared in the HSLC examination at that stage and ultimately he passed the HSLC examination on 27.05.2008. Later on the petitioner also passed his Higher Secondary examination on 26.05.2010.
(3.)The claim of the petitioner for provincialisation in the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (in short, Act of 2011) was given a consideration by the District Scrutiny Committee of Barpeta district where a conclusion was arrived that the petitioner was found qualified as per norms. Section 4(3) of the Act of 2011 inter-alia provides that the services of a teaching or non-teaching employee in a Venture Educational Institution upto higher secondary level shall be considered for provincialisation, only if they have the requisite academic and professional qualifications prescribed by the relevant Rules at the time of their initial appointment.