JONESWARI M.E. SCHOOL Vs. STATE OF ASSAM AND 5 ORS.

JUDGEMENT

(1.) Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned counsel for the respondents no. 1, 2, 3 and 6 being the authorities under the Elementary Education Department, Government of Assam, Mr. B Choudhury, learned counsel for the respondent no. 4 being the authorities under the SSA, Assam and Ms. D D Barman, learned Additional Senior Government Advocate for the respondent no. 5 being the Deputy Commissioner, Kamrup(M).

(2.) The petitioner Joneswari ME School was subjected to the process for provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 (in short, the Act of 2017) and the District Scrutiny Committee, Kamrup(M) had recommended for its provincialisation. In the recommendation of the District Scrutiny Committee, the DISE Code of the school was recorded as 11017113. Inpsite of such recommendation, the provincialisation was rejected as per the order of the Deputy Director, Elementary Education, Assam, which is available as Annexure-12, page-37 to the writ petition. The reason recorded in the order of Deputy Director for not provincialising the services of the teachers of the petitioner school is as extracted as below:

(3.) A reading of the reason provided by the Deputy Director makes it discernable that the provincialisation was refused inasmuch as NUEPA DISE Code of the school for the year 2009- 2010 or prior was not available. The School reports Card of 2009-2010 which are available in the website of SSA shows the school Code to be 18061101713. The search result in respect of Joneswari ME School also shows the school code to 18061101713.