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Judgment
Heard Ms. A. Bujarbaruah, learned counsel for the petitioners. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department and Ms. B. Bhuyan, learned Standing Counsel BTC.
The claim in this petition is for provincialisation of the petitioners' services, who are working as Science Teachers in different ME Schools under Baksa District. It has been submitted that they have been working in the said capacity since 2000. It has been submitted that the schools in which they were serving have already been provincialised, however, without provincialising the services of the petitioners though they are otherwise qualified in all respects.
The said initial claim was made on the basis of the Assam Venture Education Institutions (Provincialisation of Services) Act, 2011. However, since the said Act has been declared null and void, the question of considering the claim of the petitioner for provincilaistoan under the said Act does not arise. However, at present a new enactment has been made to deal with the claim of provincialisation, namely, the Assam Education (Provincialisation of Services of Teachers & Re-organisation of Education Institutions) Act, 2017.
In this regard it has been submitted that pursuant to the Assam Education (Provincialisation of Services of Teachers & Re-organisation of Education Institutions) Act, 2017, the authorities had requisitioned applications from all those teachers who are eligible for provincialisation and accordingly, the petitioners also being eligible for the same had submitted their respective applications with supporting documents before the District Elementary Education Officer, Baksa. However, the authorities have not taken any decision in this regard.
In view of above, the present petition is disposed of directing the respondent authorities to do the needful, more particularly, the respondent no.1 in concert with other official respondents to consider the claim for provincialisation of the services of the petitioners in terms of the aforesaid Act, 2017, and they be given the benefit of provincialisation if they are found eligible in terms of the said Act as expeditiously as possible preferably within a period of 6 (six) months from the date of receipt of a certified copy of this order.