Atower Rahman and 50 Ors. v. the State of Assam and 4 Ors.
Case brief
What is this about?
Gauhati High Court; Justice Kardak Ete; WP(C)/3597/2021; WP(C)/231/2022; WP(C)/527/2022; WP(C)/2169/2022; provincialization of services; Hindi (Language) teachers; venture Upper Primary schools; Assam Education (Provincialization of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 — Section 3(1)(xi), Section 13(7); Right of Children to Free and Compulsory Education Act, 2009 — Schedule, Sections 19 and 25; Article 21; Article 30; Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (struck down); District Scrutiny Committee (DSC); State Level Scrutiny Committee; enrollment criteria; reconsideration direction; individual representations within 20 days; consideration within 4 months; disposed of; no order as to costs; districts: Dhubri, Goalpara, Bongaigaon, Kokrajhar, Kamrup, Chirang, Nalbari, Barpeta.
What did the court decide?
Direction to the respondent authorities to reconsider each petitioner's case in terms of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017 (expressly not to be construed as a mandamus to provincialise); petitioners to file individual representations within 20 days, to be considered individually within 4 months thereafter; no order as to costs. The prayer for service benefits w.e.f. 05.02.2021 was not granted or separately addressed.