Basanti Das and 48 Ors. v. the State of Assam and 4 Ors.
Case brief
What is this about?
Gauhati High Court, judgment and order (oral) dated 17.03.2025 by Justice Kardak Ete, commonly disposing WP(C)/3597/2021 and linked WP(C)/231/2022, WP(C)/527/2022 and WP(C)/2169/2022: Hindi (Language) teachers of provincialized venture Upper Primary schools in Assam seeking provincialization under Section 3(1)(xi) of the Assam Education (Provincialization of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 and the Schedule to the Right of Children to Free and Compulsory Education Act, 2009; petitions disposed of with a direction (expressly not a mandamus) to reconsider the cases in view of the scope for additional teacher posts, individual representations within 20 days and individual consideration within 4 months; no order as to costs.
What did the court decide?
Direction to the respondent authorities to reconsider the petitioners' cases in terms of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017; petitioners to file individual representations within 20 days and the authorities to consider each case individually within 4 months of receipt; expressly clarified that the direction is not a mandamus to provincialise; no order as to costs. No direction granting service benefits w.e.f. 05.02.2021 was issued.