JUDGMENT : Heard Mr. Z. Hamad, learned counsel for the petitioner; Mr. B. Kaushik, learned Standing Counsel for the Elementary Education Department, appearing for respondent Nos. 1, 3 & 4; and Mr. P. Nayak,earned Standing Counsel for the SSA, appearing for respondent No. 2. 2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Mrs. Dipa Devi has prayed for directing the respondent authorities, especially the respondent No. 2 (Director of Elementary Education, Assam) to provincialise the service of the petitioner on the basis of materials available on the record and for setting aside the impugned order dated 20.06.2023, passed by the Director of Elementary Education, Assam, which was passed arbitrarily without justifying the nature and circumstances of the case in its proper perspective. It is to be noted here that vide impugned order dated 20.06.2023, the respondent No.2 had rejected the claim of the petitioner for provincialisation of her service. Background fact:- 3. The background facts leading to filing of this present petition is briefly stated as under:- “The petitioner was appointed as First Assistant Teacher of Dhaniabheti Lalung Gaon Jafaria Muktab Vidyalaya, vide Resolution No. 2, dated 25.06.1984, passed by the Executive Committee of the said school. Thereafter, appointment letter was issued to her on the same day by the Head Mistress of the said school and her name was captured in the DISE Code for the year 2008-09 having Code No. 0107921. Thereafter, the Headmistress had forwarded the particulars of the school to the District Mission Coordinator of SSA-cum-the District Elementary Education Officer (DEEO), Nagaon for necessary action so as to capture and reflect the name of the petitioner along with other teaching staffs of the said school in the DISE Code for the next years of 2009-10, 2010-11 and 2011-12. Thereafter, the DEEO, Nagaon also forwarded the same to the Office of the State Mission Coordinator, SSA, Kahilipara, Assam. But, because of negligence or any other reasons on the part of Office of the State Mission Coordinator, SSA, Assam the name of the petitioner and other teaching staffs of the said school were not captured in the DISE Code for the aforementioned years. But, because of negligence or any other reasons on the part of Office of the State Mission Coordinator, SSA, Assam the name of the petitioner and other teaching staffs of the said school were not captured in the DISE Code for the aforementioned years. But, from the year 2012 -13 till 2023-24, the name of the petitioner has also been captured and reflected as the Senior most Assistant Teacher of the said school in the DISE Code and the school also received Financial Assistance, right from the year 2007-08 to 2010-11. But, the DISE DCF was not entered in the DISE during 2009-10, for which the said school was deprived from the benefit of Financial Assistance and in this regard, one communication, dated 08.01.2013, was made by the Additional Deputy Commissioner (Education), Nagaon to the Mission Director, SSA, Assam stating all details therein and in the said communication, the ADC (Edn.), Nagaon had clearly stated that the said school was initialized in DISE during the year 2008-09 having Code No. 0107921 and accordingly, provided the DISE DCF to the said school for the next year, but the DISE DCF was not entered in DISE during the year 2009-10. The pleaded case of the petitioner is that her name was captured and reflected in the staff pattern and also in DISE Code, right from the year 2007-08 and the Head Mistress of the said School had sent the list of teachers/tutors of the school to the District Scrutiny Committee, Nagaon for further necessary action for provincialisation of the posts of teachers/tutors. Thereafter, the District Scrutiny Committee, Nagaon had prepared a list of teachers/tutors on the basis of teachers and students ratio, and through the “Application for Provincialisation of services of Teacher/Tutor in Lower Primary School” of Dhaniabheti Lalung Gaon Jafaria L.P. School’, and forwarded the same to the Director, Elementary Education, Assam recommending the petitioner's name, which was placed at serial No. 2, yet only the service of Afia Khatun, the Headmistress of the said School, was provincialised vide order dated 05.02.2021. Further pleaded case of the petitioner is that on the basis of teachers and students ratio, though at least two numbers of post were required to be provincialised, yet, only the post of Head Mistress was provincialised in the said School, vide provincialisation order, dated 05.02.2021. Further pleaded case of the petitioner is that on the basis of teachers and students ratio, though at least two numbers of post were required to be provincialised, yet, only the post of Head Mistress was provincialised in the said School, vide provincialisation order, dated 05.02.2021. Consequently, the petitioner has been badly deprived of the benefit of provincialisation of her service in the said School. The petitioner then preferred a writ petition, being W.P.(C) No. 3183/2022, before this Court with the prayer for issuance of a direction to the respondent authorities to provincialise her service on the basis of the order, dated 05.02.2021, which was issued in favour of the Head Mistress of the said school. Accordingly, vide order dated 19.05.2022, this Court had directed the respondent No. 2 to call for the records of the service particulars of the petitioner from Dhaniabheti Lalung Gaon Jafaria Muktab Vidyalaya and examine the aspect as to whether the petitioner is otherwise eligible to be provincialised or not and after doing the necessary action, to pass a reasoned order on the claim of the petitioner. Further, during the pendency of the writ petition, i.e.W.P.(C) No. 3183/2022, one communication (Annexure-10), dated 14.09.2022, was issued by the Block Elementary Education Officer, Batadrava, Nagaon to the District Elementary Education Officer (DEEO), Nagaon stating that the petitioner was appointed on 25.06.1984, in Dhaniabheti Lalung Gaon Jafaria L.P. School and her name was reflected in DISE format in the year 2007-08, 2008-09, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-19, 2019-20 and 2021-22. Thereafter, the petitioner had produced the order dated 18.05.2022, passed by this Court in W.P.(C) No. 3183/2022, before the Director of Elementary Education, Assam to consider her case for provincialisation of her service as Assistant Teacher in Dhaniabheti Lalung Gaon Jafaria L.P. School under the provision of the Assam Education (Provincialisation of Services of Teachers and Reorganization of Educational Institutions) Act, 2017 . Accordingly, the Director of Elementary Education, Assam vide order dated 20.06.2023, held that as per the decision of the Joint Committee, the petitioner's name did not appear up-to the year 2011-12 and as such, the claim of the petitioner for provincialisation of her service, could not be considered under the said Act and therefore, the claim of the petitioner was rejected. Further pleaded case of the petitioner is that the impugned order dated 20.06.2023, passed by the Director of Elementary Education, Assam is not sustainable in the eye of law because the name of the petitioner was captured in the DISE Code right from the year 2007-08, having DISE Code No. 0107921. Further, the particulars were forwarded by the Head Mistress to the District Mission Coordinator, SSA cum District Elementary Education Officer (DEEO), Nagaon for necessary action so as to capture and reflect the names of the petitioner along with other teaching staffs of the said school in the DISE Code for the next years, i.e. for 2009-10, 2010-11 and 2011-12. And as per her information the DEEO, Nagaon also forwarded the same to the Office of the State Mission Coordinator, SSA, Kahilipara, Assam. But because of negligence on the part of Office of the State Mission Coordinator, SSA, Assam the name of the petitioner along with other teaching staffs of the said school were not captured in the DISE Code for the aforesaid years. However, in the DISE Code, till the year 2023-24, the petitioner's name was captured and reflected as the Senior most Assistant Teacher of the said school. Further pleaded case of the petitioner is that the impugned order dated 20.06.2023, was passed by the Director of Elementary Education, Assam on the basis of the finding of the Joint Committee that the petitioner's name did not appear up-to the year 2011-12 and therefore, the claim of the petitioner for provincialisation of her service could not be considered under the provisions of the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017 and on such count, the claim of the petitioner for provincialisation of her service was rejected by the Director of Elementary Education is bad in law and the same is required to be set aside and quashed.” 4. The respondent No. 2, the Director of Elementary Education, Assam cum Mission Director, SSA, Assam has filed affidavit-inopposition, wherein a stand has been taken that on the recommendation of District Scrutiny Committee (DSC), the proposal for provincialization of service of the petitioner was placed before the State Level Scrutiny Committee (SLSC) followed by the Joint Committee constituted by the Elementary Education Department to examine the proposal for provincialisation of services of teachers of VLP and RUP Schools, under the Chairmanship of Sri R.C. Jain IAS (Retd.) vide Notification No. PMA.162/2019/600, dated 18.03.2019. The SLSC as well as Joint Committee constituted vide its minute dated 24.07.2020, decided to request the MD of SSA to verify the following criteria in respect of the proposals submitted for provincialisation of services:- (a) Whether the name of the school appears in the DISE Data maintained by NUEPA, New Delhi of 2009 or before; (b) Whether the name of incumbents appear in the DISE Data of 2011 and afterwards; and (c) Enrolment position of the school during 2016-17 and 2017-18. 4.1. Accordingly, the SSA, Assam had furnished DISE data in respect of all the proposal, as received from the concerned DEEO, for provincialisation of services as per the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 and the SLSC as well as the Joint Committee constituted by the Government had scrutinized all proposals and found that as per records furnished by SSA, Assam the name of petitioner, Dipa Devi does not appear in the DISE Data maintained by NUEPA, New Delhi up to the year 2011-12, against Dhaniabheti Lalung Gaon Jafaria Muktab Vidyalaya. Therefore, the name of the petitioner could not be recommended by the SLSC as well as Joint Committee for provincialisation of services as per the Act, 2017 4.2. In view of the above facts that the SLSC, as well as the Joint Committee constituted by the Government could not recommend the name of the petitioner for provincialization of services as per the Act, 2017. 5. In view of the above facts that the SLSC, as well as the Joint Committee constituted by the Government could not recommend the name of the petitioner for provincialization of services as per the Act, 2017. 5. The respondent No. 2, the Director, Elementary Education, Assam- cum- Mission Director, SSA, Assam has also filed additional affidavit stating that the informantion pertaining to the year 2009-2010, 2010-2011 and 2011-2012 is not found in the DISE database and it is the responsibility of the school to fill-up the DISE Data Capture Format (DCF) and submit before the Block Elementary Education Office with seal of the school and signed by the Head Master. It is further stated that the State Mission Office is not responsible for capturing the school record. 6. The respondent No. 2, i.e. the Mission Director, SSA, Assam has also filed affidavit-in-opposition, wherein a stand has been taken that the information pertaining to DISE data for the year 2009-2010, 2010-2011 and 2011-2012 is not found in the DISE data base and it is the responsibility of the School to fill up the DISE data captured Format (DCF) and to submit the same to the concerned Block Elementary Education Office, with seal of the School and signed by the Head Master, and Mission Director is not responsible for capturing the School record. It is also stated that the information sent by ADC (Edn.) cum-DMC, Nagaon regarding not entering the DISE data of 2009-2010 was submitted to the Mission Director, SSA, Assam in the year 2013. Submissions:- 7. Mr. Hamad, learned counsel for the petitioner submits that the name of the petitioner was captured as senior most teacher of the Dhaniabheti Lalung Gaon Jafaria Muktab Vidyalaya in the DISE Code right from the year 2007-08, with Code No. 0107921. Mr. Hamad, further submits that the particulars of the School for the year 2009-10, 2010-11 and 2011-12 were sent by the Head Mistress of the said school to the District Mission Coordinator, SSA - cum - District Elementary Education Officer (DEEO), Nagaon and after receiving of the said particulars, the DEEO also forwarded the same to the State Mission Coordinator, SSA, Assam. But, because of negligence on the part of the Office of the State Mission Coordinator, SSA, Assam the particulars of the petitioner along with other teaching staffs of the said school were not captured in the DISE Code for the year 2009-2010, 2010-2011 and 2011-2012. Mr. Hamad further submits that in the DISE Code, right from the year 2013-14 til 2023-24, the name of the petitioner was captured and reflected as the Senior Most Assistant Teacher and that the petitioner has been serving since 1984 and after rendering more than 30 years of service, she will be retiring from service in the month of March of this year, i.e. 2025 and the petitioner has to go home with empty hand and as such, serious prejudice is caused to her. 7.1. Mr. Hamad further submits that upon the same DISE Data, the service of the Head Mistress of the School, namely, Mrs. Afia Begum, was provincialised with effect from January 2021, vide order dated 05.02.2021, and her name was also not there in the DISE Data for the year 2009-2010, 2010-2011 and 2011-2012. The present petitioner also stands on the same footing with the Headmistress but her case was not considered and as such her right to equality before law stands violated. Mr. Hamad also submits that Section 3(1) (x) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 provides that at least two numbers of Teachers/Tutors shall be provincialised and the DSC also recommended the name of the petitioner, but, the respondent No.2 had illegally and arbitrarily rejected the rightful claim of the petitioner. Therefore, Mr. Hamad has contended to issue direction to the respondent authorities for provincialization of her service with effect from January, 2021 like that of the Headmistress. 8. On the other hand, Mr. Kaushik, learned Standing Counsel for the respondent Nos. 1, 3 & 4 and Mr. Nayak, learned Standing Counsel for the respondent No. 2 submits that the name of the petitioner find no mention in the DISE Code up to year 2011-12 against Dhaniabheti Lalung Gaon Jafaria Muktab Vidyalaya and therefore, her name could not be recommended under the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. They further submit that the petition is not maintainable and therefore, it is contended to dismiss the petition. 9. Mr. They further submit that the petition is not maintainable and therefore, it is contended to dismiss the petition. 9. Mr. P. Nayak, learned standing Counsel for the SSA, submits that the information pertaining to DISE Data for the year 2009-2010, 2010-2011 and 2011-2012 is not found in the DISE Data base and the School is responsible for the same. The Mission Director, SSA is not at all responsible for capturing the School record. Discussion and Finding:- 10. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the affidavit-in-opposition and the additional affidavit filed by the respondent No. 2. 11. It appears from the Annexure-I, enclosed with the affidavit filed by the Director SSA, Assam - respondent No. 2, dated 12.02.2025, reflects year wise status of the School and Teachers against DISE Code 0107921, as per DISE/UDISE database. As per said Annexure-I, the name of the petitioner was captured in the DISE Data for the year 2007-08 and 2008-09, along with the Headmistress. However, the said status also indicates that the name of the petitioner and the Headmistress was not captured in the DISE Data for the years 2009-10, 2010-11 and 2011-12. But, thereafter, continuously her name and the name of the Headmistress were captured in the DISE Data for the academic year 2013-14 till 2023-24. And it is the categorical stand of the respondent No.2 i.e. the Director, Elementary Education, Assam that as the name of the petitioner does not appear up to the year 2011-12, her claim is rejected. 12. The operative portion of the impugned order dated 20.05.2023, is reproduced herein below for proper appreciation of the matter. ORDER : In view of the above facts and circumstances and as per decision of the Joint Committee, the petitioner’s name does not appear up to the year 2011-12, the claim of the petitioner for provincilisation of service could not be considered under the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. Hence the claim of the petitioner Dipa Devi for provincilisation of service is hereby rejected. 13. Hence the claim of the petitioner Dipa Devi for provincilisation of service is hereby rejected. 13. The chart of DISE/UDISE database, so furnished, is reproduced herein below:- Block DISE/UDISE Code Name of School Management Name of Teachers Type of Teachers Appointed Subject Academic Year Batadrava 18100107921 D.B.L.G.J.M.K.B. Venture- Unaided Mrs. Afia Begum Head Teacher All Subjects 2007-08 Batadrava 18100107921 D.B.L.G.J.M.K.B. Venture- Unaided Sri Dipa Devi Teacher All Subjects 2007-08 Batadrava 18100107921 D.B.L.G.J.M.K.B. Venture- Unaided Mrs. Afia Begum Head Teacher All Subjects 2008-09 Batadrava 18100107921 D.B.L.G.J.M.K.B. Venture- Unaided Sri Dipa Devi Teacher All Subjects 2008-09 Batadrava 18100107921 D.B.L.G.J.M.K.B. Venture- Unaided Mrs. Afia Begum Head Teacher All Subjects 2013-14 Batadrava 18100107921 D.B.L.G.J.M.K.B. Venture- Unaided Sri Dipa Devi Teacher All Subjects 2013-14 Batadrava 18100107921 D.B.L.G.J.M.K.B. Venture- Unaided Fazhul Islam Teacher All Subjects 2013-14 Batadrava 18100107921 D.B.L.G.J.M.K.B. Venture- Unaided Rekibul Islam Teacher All Subjects 2013-14 * * * * * * * * * * * * * * * * Batadrava 18100107921 D.B.L.G.J.M.K.B. Unrecognized (Venture- Aided) Afia Khatun Head Teacher All Subjects 2023-24 Batadrava 18100107921 D.B.L.G.J.M.K.B. Unrecognized (Venture- Aided) Dipa Devi Teacher All Subjects 2023-24 Batadrava 18100107921 D.B.L.G.J.M.K.B. Unrecognized (Venture- Aided) Fazlul Islam Teacher All Subjects 2023-24 Batadrava 18100107921 D.B.L.G.J.M.K.B. Unrecognized (Venture- Aided) Rekibul Islam Teacher All Subjects 2023-24 14. Further, it appears from the petition that the particulars of the school were forwarded by the Head Mistress to the District Mission Coordinator, SSA -cum - District Elementary Education Officer (DEEO), Nagaon for capturing and reflecting the names of the petitioner along with the other teaching staffs of Dhaniabheti Lalung Gaon Jafaria Muktab Vidyalaya in the DISE Code for the next years of 2009-10, 2010- 11 and 2011-12 and as per her information, the DEEO, Nagaon also forwarded the particulars of the school to the office of the State Mission Coordinator, SSA, Assam. But, because of negligence on the part of Office of the State Mission Coordinator, SSA, Assam the name of the petitioner and other teaching staffs of the said school were not captured in the DISE Code for the aforesaid years. 15. The aforementioned contention is not specifically denied by the respondent authorities, especially by the respondent No. 2 in the affidavit-in-opposition and their denial is evasive. 16. 15. The aforementioned contention is not specifically denied by the respondent authorities, especially by the respondent No. 2 in the affidavit-in-opposition and their denial is evasive. 16. This court, from the pleadings of the parties and also from the various annexure, annexed therewith, finds that the same goes a long way to show that the petitioner has been working continuously since 2007-08, till 2023-24, regularly and she has also fulfilled the requirement of Section 4(2)(iii) of the Act 2017. She is not responsible for non-reflection of the name in the DISE Data of 2009-10, for which her service was not provincialised. 17. It further appears that Head Mistress of the said School, namely, Afia Khatun, whose name also finds no mention in the DISE Code for the years of 2009-10, 2010-11 and 2011-12, was provincialised by the respondent authorities vide order dated 20.06.2023, which is annexed with the petition as Annexure No. 11, at page No. 47. This makes it abundantly clear that the yardstick applicable in case of the petitioner is not applicable to the Head Mistress. From various documents, including the impugned order, dated 20.06.2023, it appear that the petitioner and the Head Mistress of the School was appointed in the same year i.e. 1984 and both have same educational qualification. And as such, both stands in the same footing and on such count the right to equality of the petitioner is violated as rightly submitted by Mr. Hamad, the learned counsel for the petitioner. The present petitioner is also entitled to provicialisation of her service on the same logic based on which the service of the Headmistress, namely, Afia Khatun, was regularized, with effect from the same month i.e. January, 2021. 18. It also appears that Section 3(1)(x) of the Act 2017 mandates that in case of venture lower primary School, two numbers of Teachers/Tutors shall be provincialised. And the DSC also recommended the name of the petitioner but, the respondent No. 2 had not considered the rightful claim of the petitioner. 19. It also appears that the respondent No.2, the Director, Elementary Education, Assam has relied upon the decision of the Joint Committee, which had already been held to be a committee, not contemplated under the provisions of the Act 2017, by a coordinate bench of this court in W.P.(C) No. 2426/2023. 20. 19. It also appears that the respondent No.2, the Director, Elementary Education, Assam has relied upon the decision of the Joint Committee, which had already been held to be a committee, not contemplated under the provisions of the Act 2017, by a coordinate bench of this court in W.P.(C) No. 2426/2023. 20. Further, it appears form the order dated 18.05.2022 of this Court in WP(C) No. 3183/2022, the Director, Elementary Education, Assam to call for the record of the service particulars of the petitioner from the Dhaniabheti Lalung Gaon Jafaria Muktab Vidyalaya, and to examine the aspect as to whether the petitioner is otherwise eligible to be provincilaised and after doing the necessary examination, a reasoned order be passed on the claim of the petitioner. But from a perusal of the impugned order dated 20.06.2023, it appears that aforesaid aspect has not at all been considered by the respondent No. 2 for the reason best known to it, and respondent No. 2 had acted like a post office and passed the impugned order mechanically without application of mind. And on such count, it has failed withstand the legal scrutiny. 21. And on such count, it has failed withstand the legal scrutiny. 21. To recapitulate, the impugned order fails to withstand the legal scrutiny on the following points:- (i) The petitioner has been rendering service continuously since the year 2007-08, till 2023-24 and she is not responsible for non-reflection of her name in the DISE data for the year 2009-10, 2010-11 and 2011-12; (ii) There is material to show that relevant particulars were sent to the SSA for doing the needful, but due to negligence of the SSA, the same was not reflected; (iii) The petitioner stands in the same footing with the Head Mistress, namely, Afia Khatun and they joined together and continuously rendered service till 2023-24 and despite, being on equal footing, the service of the petitioner was not provincialized, which violates her right to equality; (iv) The mandate of Section 3(1)(x) of the Act 2017 has been violated by by the respondent No. 2, by not provincialising service of two numbers of Teachers/ Tutors of the petitioner’s School which is a venture lower primary School; (v) While passing the impugned order, the respondent No. 2 relied upon the decision of Joint Committee, which had already been held to be a committee not contemplated under the provisions of the Act 2017, by a coordinate bench of this court in W.P.(C) No. 2426/2023; and (vi) While there was specific direction of this Court to verify the service particulars of the petitioner, the same was not carried out and the impugned order was passed mechanically without application of mind; 22. Under the aforementioned facts and circumstances, this Court is left with no other option, but to set aside the impugned order, dated 20.06.2023, passed by the respondent No. 2, i.e. Director, Elementary Education, Assam. Further, in the given facts and circumstances on the record, as discussed herein above, this court is of the view that the petitioner has succeeded in establishing her case and accordingly, this petition stands allowed. By a mandamus of this Court, the respondent No. 2 is directed to provincialise the service of the petitioner, with effect from the month of January, 2021, on which the service of the Head Mistress was provincialised. 23. The aforementioned exercise has to be carried out within a period of one month from the date of receipt of the certified copy of this judgment. 23. The aforementioned exercise has to be carried out within a period of one month from the date of receipt of the certified copy of this judgment. The petitioner shall obtain a certified copy of this judgment and shall place the same before the respondent authorities, specially respondent No.2, within a week from today. 24. In terms of above, this writ petition stands disposed of. The parties have to bear their own costs.