Learned counsel for the parties are agreed that all these civil rules be disposed of by a common judgment as common question has arisen in all these cases. Consequently all these civil rules are being disposed of together. 2. The petitioners in all these cases have sought the indulgence of this Court for issuance of a writ of Mandamus directing the respondents to provincialise their services. The case of the petitioners in short is that despite the provincilisation of the schools where the petitioners are serving, their services have not been provincialised. It is the further case of the petitioners that they are working till today but without payment of their salaries after provincialisation of the schools. The further case of the petitioners is that they are working within the parameters of sanctioned strength of teaching staff and that there are absolutely no justifiable reasons as to why their services should not be provincialised. 3. No affidavit-in-opposition has been filed in any of the cases. However this Court is dis-inclined to adjourn the cases for the purpose of filing the affidavit-in-opposition as it would mean more delay and by the time affidavits-in-opposition are filed, the Secretary Education can by way of passing a speaking and well reasoned order take a final decision on the question whether the petitioners are entiled to provincialisation of their services or not. If the petitioners are working within the sanctioned strength and if they come within the zone ofiratio of students and teachers as prescribed in Assam Secondary Education (Provincialisation) Act, 1977 and other relevant rules, there would hardly 6e any justification for not provincialising the services of the petitioner. However this Court is not in a position to pass any order as the position stands today in view of non availability of all the relevant materials before it. 4. Consequently this petition is disposed of with the directions to the Commissioner and Secretary to the Govt of Assam, Education Department Guwahati to take into consideration all the facts and circumstances of the case. sanctioned strength of each school, the number of teachers working in the school and the students stydying therein and pass well reasoned and speaking orders either provincialising the services of the petitioners or refusing provincialisation.
sanctioned strength of each school, the number of teachers working in the school and the students stydying therein and pass well reasoned and speaking orders either provincialising the services of the petitioners or refusing provincialisation. Since the question to be gone into by the said authority may need the interpretation of certain rules apart from determination of actual position, I hereby permit the assistance of a counsel in the matter. If the said authority declines to provincialise services of the petitioner, the would be entitled to approach this Court again. 5. Before parting with the judgment this Court does express a pious wish that the said authority should adopt a liberal attutude in the matter of provincialisation because petitioners livelihood depends upon teaching profession which they adopted long time back. 6. The parties through their counsel are directed to appear before the Commissioner-cum-Secretary Education Department, Govt of Assam, Guwahati on 23.3.98. The petitioners would be entiled to file a detailed representation along with Annexures. If they want to file a true copy of the writ petition they will be at liberty to do so. The learned Commissioner would pass speaking and well reasoned order at a very early date and preferably within a period of three (3) months from the date the petitioners and respondents put in appearance. They would appear before the aforementioned officer on 23.3.98. The Registry is directed to supply certified copies of the judgments forthwith on payment of copying charges. The question whether the petitioners are entitled to their salaries or not would also be decided by the said authority. With the aforementioned abservations and directions, the writ petitions are disposed of.