19. The District Scrutiny Committee, Dhubri, while making its recommendation for provincialisation of the services of the Teachers of Bahadurtari ME School, recommended the case of one Nowshad Ali Sarkar as a Language Teacher. However, when the provincialisation order of Nowshad Ali Sarkar was issued by the Order dated 05.02.2021, the said Nowshad Ali Sarkar was provincialised as a Tutor (Science). It is submitted by the learned counsel for the petitioner that the said Nowshad Ali Sarkar has retired in the month of November, 2022. Be that as it may, what is to be noted is that despite the District Scrutiny Committee recommending the case of the said Nowshad Ali Sarkar as a Language Teacher, his provincialisation was done as a Tutor in Science. This would indicate that at no point of time, the case of the petitioner was considered for provincialisation as a Language Teacher. Further, the Director of Elementary Education, Assam, by an Order dated 21.06.2012, has already declared the petitioner to be senior to the respondent No. 7 and the date of joining of the petitioner is indicated as 08.08.1995. Under such circumstances, this Court is of the considered opinion that the petitioner has been victimized inasmuch as the petitioner’s case was never considered for provincialisation as a Language Teacher as required under Section 3(1)(xi) of the Act of 2017. Accordingly, the respondents are directed to consider the case of the petitioner for provincialisation of his services as a Language Teacher/Tutor in terms of Section 3(1)(xi) of the Act of 2017 by following the due process of law.
