JUDGMENT : Heard the learned counsels for the petitioners in their respective writ petitions. Also heard Mr. N. J. Khataniar, the learned counsel appearing on behalf of the Education Department as well as Mr. T. C. Chutia, the learned counsel appearing on behalf of SEBA & AHSEC. 2. The issue involved in the instant batch of writ petitions pertains to as to whether for the purpose of provincialisation of services of the petitioners who have been working in the Venture High School and Venture Higher Secondary School, there is a requirement of their names being captured in the DISE Code or UDISE Code. 3. For deciding the issue involved, this Court finds it relevant at this stage to take note of Section 2 (i) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (in short, ‘the Act of 2017’). In terms with Section 2 (i) of the Act of 2017, “DISE Code” has been defined to mean District Information System for Education Code prepared by the Sarba Siksha Abhijan, Assam and as available in the records of the National University of Educational Planning and Administration, New Delhi. 4. The definition of “Venture High School” and “Venture Higher Secondary School” can be seen in Section 2 (x) and 2 (y) of the Act of 2017 which are reproduced herein under:- “2. (x) “Venture High School” means High School imparting education up to class X and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government and recognition from the Board of Secondary Education, Assam on or before 1.1.2006 and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far; (y) “Venture Higher Secondary School” means a Higher Secondary School imparting education up to Class XII and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government on or before 01.01.2006 and whereof the services of teachers have not been provincialised under any Act earlier enacted by the State legislature so far.” 5. From the above extracted definitions, it transpire that Section 2 (x) defines “Venture High School” to mean such school imparting education up to class X and established by the people of the locality prior to 01.01.2006 which has received permission from the State Government and recognition from the Board of Secondary Education, Assam on or before 01.01.2006 and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far. The definition of “Venture Higher Secondary School” as would be seen from Section 2 (y) of the Act of 2017 is similar to “Venture High School”. However, the difference in the definitions between Venture High School and the Venture Higher Secondary School is that in Venture High School, the school imparts education up to class X whereas in Venture Higher Secondary School, the school imparts education up to Class XII. Further, in “Venture Higher Secondary School” only the permission from the State Government on or before 01.01.2006 is required. 6. This Court further at this stage finds it relevant to take note of two other definitions, i.e. definition of “Venture ME School” including “Venture ME Madrassa and “Venture Lower Primary School” or “Venture LP School” which have been defined in Section 2 (za) and 2 (zb) of the Act of 2017. 6. This Court further at this stage finds it relevant to take note of two other definitions, i.e. definition of “Venture ME School” including “Venture ME Madrassa and “Venture Lower Primary School” or “Venture LP School” which have been defined in Section 2 (za) and 2 (zb) of the Act of 2017. The said definitions, being relevant, are quoted herein under: “2 (za) “Venture ME School” including “Venture ME Madrassa” means an Upper-Primary School imparting education from class VI up to class VII and established by the people of the locality prior to 1.1.2006 which has received recognition from the competent authority on or before 01.01.2006 and captured in the DISE Code up to 2009-10 and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far: Provided that the DISE Code shall have to be issued on or before 2009-10 and DISE Code issued thereafter shall not be considered for the purpose of provincialisation of services of any employee of the institution;” 2 (zb) “Venture Lower Primary School” or “Venture LP School” means a School imparting education up to Class V and established by the people of the locality prior to 1.1.2006 whose name figure in the DISE Code up to 2009-10 and prior to that and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far: Provided that the DISE Code shall have to be issued on or before 2009-10 and DISE Code issued thereafter shall not be considered for the purpose of provincialisation of services of any employee of the institution.” 7. From the above quoted definitions, it would transpire that “Venture ME School” including “Venture ME Madrassa” means an Upper-Primary School imparting education from Class VI up to class VIII and established by the people of the locality prior to 01.01.2006 which has received recognition from the competent authority on or before 01.01.2006 and captured in the DISE Code up to 2009-10 and whereof the services of the teachers have not been provincialised under any Act enacted by the State Legislature so far. The proviso to the said definition stipulates that the DISE Code shall have to be issued on or before 200910 and DISE Code issued thereafter shall not be considered for the purpose of provincialisation of services of any employee of the institution. 8. The proviso to the said definition stipulates that the DISE Code shall have to be issued on or before 200910 and DISE Code issued thereafter shall not be considered for the purpose of provincialisation of services of any employee of the institution. 8. In a similar manner, Section 2 (zb) of the Act of 2017 defines “Venture Lower Primary School” or “Venture LP School” to be a School imparting education up to Class V. There exists a proviso to Section 2 (zb) which is similar in content to the proviso to Section 2 (za) of the Act of 2017. Therefore, from a perusal of the two definitions, i.e. Section 2 (za) & 2 (zb), it is the mandate of law that in respect of “Venture ME School” which includes “Venture ME Madrassa” and in “Venture Lower Primary School” or “Venture LP School”, there is a necessity that the DISE Code has to be issued on or before 2009-10 and the DISE Code issued thereafter cannot be considered for the purpose of provincialisation of services of any employee of the institution. 9. However, the requirement of capturing in the DISE Code upto 2009-10 as well as a proviso similar in content to Section 2 (za) & 2 (zb) of the Act of 2017 is not seen in the definition of “Venture High School” or “Venture Higher Secondary School” as defined in Section 2 (x) & 2 (y) of the Act of 2017. 10. Let this Court further traverse across some other provisions of the Act of 2017 which in the opinion of this Court would further throw light in respect to the issue involved. Section 3 of the Act of 2017 stipulates the eligibility criteria for selection of educational institution for provincialisation of services of teachers/tutors. 11. Section 3 (vii) and 3 (ix) of the Act of 2017 stipulates the requirement necessary for provincialisation of service of teacher and/or tutor and provincialisation of the service of additional teacher and/or tutor. Nothing is however seen in these provisions as regards the requirement of capturing in the DISE Code for Venture High Schools or Venture Higher Secondary Schools. Section 3 (3) of the Act of 2017 further throws light in respect to the issue involved. Nothing is however seen in these provisions as regards the requirement of capturing in the DISE Code for Venture High Schools or Venture Higher Secondary Schools. Section 3 (3) of the Act of 2017 further throws light in respect to the issue involved. The same is quoted herein under:- “3(3) The concerned Venture Educational Institution must have the required infrastructure as specified by the concerned University to which the College is affiliated in case of Venture Degree Colleges; and as specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 as far as practicable and having DISE Code for the year 2009-2010 or prior to that in case of Venture Primary or Upper Primary School and in case of all other Educational Institutions, the concerned institution must have the required infrastructure as specified in section 10 of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 as far as practicable. 12. From a perusal of the said Section, it is apparent that only in respect to Venture Primary or Upper Primary Schools, there is the requirement of having DISE Code for the year 2009-10 or prior to that. 13. Section 4 stipulates the requirement when the services of teachers and/or tutors of all venture educational instructions eligible under Section 3 of the Act of 2017 shall be deemed to have been provincialised on the date of publication of the provincialisation order by notification in the Official Gazette. Section 4 (2) mentions the relevant criteria which are required to be fulfilled for teachers/tutors to be provincialised under the Act of 2017. Section 4 being relevant is quoted herein under:- “4 (1) Subject to fulfillment of all other provisions of this Act, the services of the teachers and/or tutors of all Venture Educational Institutions eligible under section 3 shall be deemed to have been provincialised on the date of publication of the provincialisation order by Notification in the Official Gazette and they shall become employees of the State Government with effect from such date. 4. 4. (2) The teachers and/or tutors to be provincialised under this Act: (i) must have been working as a teacher in the concerned Venture Educational Institution that have been fully recognized up to the last and highest class required for such Institution by the competent authority on or before 01 01.2006; (ii) must have minimum educational and professional qualifications as laid down under different Acts, Rules and Regulations as mentioned under section 6 or any other relevant statutory provisions, as the case may be; (iii) must have rendered at least six years continuous service as on 1.1.2017 from the date of joining in the concerned Venture Educational Institution which must be on 31.12.2010 or prior to that date. (iv) in case of teachers and/or tutors of the Schools for special subject like Sanskrit, Arabic, Hindi, Craft Teacher, Music. Teacher and other Classical Teachers, the number of students appeared in the concerned final examination like HSLC and HS (10 + 2) conducted by the SEBA or the ASHEC, as the case may be, shall not be less than 10 students in each class per year during last three years. 14. From the above quoted provision, it transpires that the services of teachers or tutors subject to fulfillment of all other provisions of the Act of 2017 shall be deemed to have been provincialised on the date of publication of the provincialisation order by Notification in the official Gazette and they shall become employees of the State Government with effect from such date. Section 4 (2) of the Act of 2017 stipulates the fulfillment of various criteria. In terms with Clause (i) of Section 4 (2) of the act of 2017, the teacher and/or tutor must have been working as a teacher in the concerned Venture Educational Institution as mentioned in Section 3 (1) (i) that have been recognized by the competent authority on or before 01.01.2006. The said teacher and/or tutor in terms with Clause (ii) must have minimum educational and professional qualifications as laid down under different Acts, Rules and Regulations as mentioned in Section 6 or any other relevant statutory provisions, as the case may be. The said teacher and/or tutor in terms with Clause (ii) must have minimum educational and professional qualifications as laid down under different Acts, Rules and Regulations as mentioned in Section 6 or any other relevant statutory provisions, as the case may be. The teachers and/or tutors in terms with Clause (iii), whose services are required to be provincialised must also have rendered at least 6 years continuous service as on 01.07.2017 from the date of joining in the concerned Venture Educational Institution which must be on 31.12.2010 or prior to that date. Sub-Clause (iv) of Section 4 (2) deals with those teachers and/or tutors in respect to special subjects like Sanskrit, Arabic, Hindi, Craft Teacher, Music Teacher and other Classical Teachers in respect of whom the number of students appeared in the concerned final examination like HSLC and HS (10 + 2) conducted by the SEBA or the ASHEC, as the case may be, shall not be less than 10 students in each class per year during last three years. This Section also do not envisage the requirement of the names of teachers of “Venture High School” or “Venture Higher Secondary School” to be captured in the DISE Code. 15. Section 6 of the Act of 2017 deals with the educational and professional qualification of teachers whereas Section 7 of the Act of 2017 deals with the educational and professional qualification of tutors. 16. Therefore, a conjoint reading of the provisions referred to hereinabove in respect to the Act of 2017 there is no requirement for the names of the teachers working in the “Venture High School” as well as “Venture Higher Secondary School” as defined in Section 2 (x) and 2 (y) of the Act of 2017 to have their names captured in the DISE Code as is otherwise required in the case of a teachers/tutors whose services are to be provincialised in respect of “Venture ME School” and “Venture Lower Primary School” as well as “Venture Upper Primary School” as defined in Sections 2 (za), 2 (zb) and 2 (zc) of the Act of 2017 wherein the names of such teachers or tutors are required to be captured in the DISE Code up to 2009-10. 17. In the backdrop of the above, let this Court take into consideration the case of the petitioners before this Court in the present batch of writ petitions. 17. In the backdrop of the above, let this Court take into consideration the case of the petitioners before this Court in the present batch of writ petitions. The learned counsel for the petitioners has submitted that the concerned respondent authorities have not processed the proposals for provincialisation of the services of the petitioners who are working in “Venture High Schools” and “Venture Higher Secondary Schools” on the ground that the petitioners’ names are not captured in the DISE Code. It is also the case of the petitioners that the concerned authorities have issued communication not to process such proposals of provincialisation of services of teachers/tutors whose names have not been captured in the DISE Code. 18. This Court, on the basis of the above analysis of the provisions of the Act of 2017, is of the opinion that the insistence of the respondent authorities of the names of petitioners who have been rendering services in “Venture High School” and “Venture Higher Secondary School” to be captured in the DISE Code of 2009-10 is contrary to the Act of 2017 as it is not the mandate of the Act of 2017 to fulfill such requirement in respect to such teachers and/or tutors working in “Venture High School” and “Venture Higher Secondary School” to have their names captured in the DISE Code upto 2009-10. Such insistence is arbitrary and contrary to the provisions of the Act of 2017 and accordingly interfered with. 19. Taking into account the same, this Court therefore, disposes of the instant batch of writ petitions with a direction to the concerned respondent authorities, more particularly, the Director of Secondary Education Department to consider the case of the petitioner for provincialisation of their services as teachers and/or tutors by making necessary verification in terms with Section 4 of the Act of 2017 and without insisting upon their names being captured in the DISE Code of 200910 or prior thereto. This exercise be completed within 6 (six) months from the date a certified copy of this judgment is served upon the Director of Secondary Education Department. 20. This Court further sets aside such communications and orders passed by the Director of Secondary Education Department which are contrary to declaration so made in the instant judgment. 21. With the above observations and directions, the instant batch of writ petitions stands disposed of.