Staff Reporter
Guwahati: The Gauhati High Court disposed of a batch of petitions with the direction that the respondent authorities may reconsider the case of the petitioners, who are Hindi language teachers, as the provisions provide for a scope to provincialise additional teachers as per the standards stipulated in the schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009. Moreover, the court offered the view that the respondent authorities may also reconsider the case of the petitioners, taking into account the provisions of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017.
The bench of Justice Kardak Ete, while delivering judgement on a batch of petitions of a similar nature, observed that as the posts of language teachers have already been filled up in the venture upper primary schools, there may not be any possibility of appointing more language teachers. However, the provisions of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017, provide for a scope of additional posts, as the same provides that there shall be a minimum of three teachers or tutors, at least one teacher each for each of the subjects, and out of the three subjects, including the languages.
By filing these writ petitions, the writ petitioners prayed for a direction to the respondent authorities to provincialise their service as Hindi (language) teachers in their respective schools in terms of Section 3(1)(xi) of the Assam Education (Provincialization of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017, as well as the Schedule appended to the Right of Children to Free and Compulsory Education Act, 2009. The petitioners have also prayed for providing service benefits w.e.f. February 5, 2021, as provided to the other teachers provincialised under the aforesaid Act, 2017.
The court noted that the grievances of the petitioners are for the provincialisation of their services as Hindi (language) teachers in their provincialised respective Upper Primary schools in terms of the Assam Education Provincialization Act, 2017, as well as the provisions of the Right of Children to Free and Compulsory Education Act, 2009. Admittedly, the petitioners are Hindi (language) teachers who have been appointed in the various schools in the districts of Dhubri, Goalpara, Bongaigaon, Kokrajhar, Kamrup, Chirang, Nalbari and Barpeta. The petitioners' appointment ranges from 1983 to 2010. Records reveal that the schools where the petitioners have been serving are provincialised.
It was also noted that a bare perusal of the provisions of the Assam Education Provincialization Act, 2017, shows that for Venture Upper Primary School there shall be a minimum of three teachers or tutors, at least one teacher each for Science and Mathematics, Social Studies and Languages and for additional posts it shall be considered in accordance with the norms and standards stipulated in the Schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009. Thus, it is clear that for each Venture Upper Primary School there shall be a minimum of three teachers or tutors, at least one teacher each for Science and Mathematics, Social Studies and Languages.
In view of the discussion and observations in the matter, the court disposed of the present writ petitions with a direction to the respondent authorities to reconsider the case of the petitioners in terms of the provisions of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017.
Also, the petitioners have been directed to file their individual representation before the appropriate authority within a period of 20 days from the date of the order. On receipt of the representation that may be filed by the petitioners as directed herein above, the respondent authorities are to consider the case of the petitioners individually within a period of 4 months thereafter, the court ruled.
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