GADADHAR DAS AND 7 ORS Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-11-15
HIGH COURT OF GAUHATI
Decided on November 12,2018

Gadadhar Das And 7 Ors Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. NNB Choudhury, learned counsel for the petitioners. Also heard Ms. B Bhuyan, learned standing counsel for the BTC authorities as well as Mr. SP Bhattacharjee, learned standing counsel, Elementary Education Department.
(2.) The petitioners herein are all Assistant Teachers serving in their respective ME Schools in the district of Baksa Assam. They are aggrieved to the extent that although a process had been initiated by the respondent authorities for considering the cases of the teachers for provincialisation under the Assam Education (Provincialisation) of Services of Teachers and Re-organisation of Educational Institution Act, 2017 (Act of 2017 for short), but they have been left out from the proposal sent by the authorities for the purpose.
(3.) Section 13(6) of the Act of 2017, inter alia provides that the district scrutiny committee shall prepare a list of all Venture Educational Institutions within the district, which are eligible in terms of the provisions of this Act and shall thereafter proceed to scrutinize and verify the service records of all the serving teachers, who are eligible or would become eligible for being considered for provincialisation of their services. The very provision of Section 13(6) that the district scrutiny committee shall scrutinize and verify the service records of all the serving teachers who are eligible or would become eligible for provincilisation is by itself an indication that the authorities will consider the eligibility for provincialisation by giving due consideration to the claim of all the serving teachers.;


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