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Judgment
Heard Mr. M.H. Rajbarbhuyan, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned Standing counsel for the Secondary
Education Department.
Considering the nature of the order to be passed, we are of the view notice for the present need not to be issued on the respondent no. 4 being the
Headmaster of Brajahari Musafir High School, Sivsagar.
The petitioner was appointed as a graduate teacher on 25.09.1992 in the Brajahari Musafir High School, Sivsagar. The Brajahari Musafir High
School, Sivsagar was provincialised w.e.f. 01.01.2013 under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (in
short Act of 2011).
As per the Act of 2011 certain criterias have been provided therein and if such criterias are fulfilled by the teachers in service when the Act of
2011 was given effect, Section 4 thereof provided that it is deemed that their services have been provincialised. Section 4 creates a legal fiction in
favour of such teachers who were in service when the Act came into effect and the teachers concerned had met the essential
qualifications/requirements provided in the Act of 2011, their services are deemed to have been provincialised by operation of law.
It being a case of provincialisation by a legal fiction under the law, no further administrative action is required on the part of the respondent
authorities to either provincialise or not to provincialise or all the respondents authorities are required to do is to look into it as on 01.01.2013 the
teachers concerned did meet the eligibility criteria provided in the Act of 2011.
This writ petition has been instituted on the grievance that although the petitioner did meet the eligibility criteria provided in the Act of 2011, but his
service has not been regularized. It is also stated that the petitioner would otherwise superannuate from service in the month of September, 2011.
Considering all the aspects as indicated above, we are of the view that the ends of justice would be met if the respondent authorities being the
Commissioner and Secretary to the Government of Assam look into the matter whether the petitioner had met the eligibility criteria provided in the Act
of 2011 as on 01.01.2013. If the result of exercise would be that the petitioner had met the eligibility criteria, his service has already been
provincialised by operation of law by the Act of 2011, if he had not met the eligibility criteria as on 01.01.2013, the Commissioner and Secretary shall
pass a reasoned order indicating as to why and inform the petitioner.
The exercise be done within a period of one month from the date of receipt of certified copy of the order.
This writ petition stand disposed of in the above terms.