Non-attainment of minimum qualifications by statutory cutoff precludes provincialisation of venture educational institution employees.

The petitioner was appointed as an Assistant Librarian at Jamunamukh College on 03.12.2010, joining on 10.12.2010.

His appointment included a stipulation that upon acquiring a Master of Library Science (M.Li.Sc.) degree within a set period, he would be upgraded to Librarian. He obtained his M.Li.Sc. on 26.10.2011, and the Governing Body subsequently upgraded/regularized his service as Librarian effective from his initial joining date.

Following the enactment of the Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018, the services of various staff members at the college were provincialised in 2021, but the petitioner was excluded.

The state contended he was ineligible because he lacked the M.Li.Sc. qualification on the cutoff date of 01.01.2011 and was only upgraded to Librarian in 2012.

1. Whether the petitioner satisfies the eligibility criteria for provincialisation as a Librarian under the Act of 2018 and the Amendment Act of 2020.

2. Whether the writ petition is maintainable given the availability of an alternative statutory remedy under Section 8 of the Act.

Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018, specifically Section 2(d) defining "employee" as one joined before 01.01.2011, and Section 4(2)(ii)-(iii) which mandates possessing requisite qualifications by 01.01.2011 and rendering six years of continuous service by 01.01.2017.

The Amendment Act of 2020, which included the post of Librarian in the schedule for provincialisation.

Section 8 of the Act, which provides for an appellate authority only in respect of "recommendations" made by scrutiny committees.

The court rejected the state's objection regarding maintainability, holding that Section 8 applies only when a recommendation exists; since the petitioner’s case was never considered or recommended, the statutory remedy was inapplicable.

On merits, the court noted that the petitioner joined the institution on 10.12.2010, satisfying the joining deadline of 31.12.2010 under Section 4(2)(iii).

The court reasoned that since the Act of 2018 is beneficial legislation, the petitioner's continuous service from December 2010 should be counted.

It held that the subsequent upgradation to Librarian, following the acquisition of the M.Li.Sc., did not negate his eligibility, especially since the 2020 Amendment specifically earmarked one Librarian post per college for provincialisation.

The court also observed that parity must be maintained as other Librarians in similar institutions had been provincialised.

The court directed the respondent authorities to consider the petitioner’s case for provincialisation as Librarian of Jamunamukh College strictly in terms of the Act of 2018 and the Amendment Act of 2020. The exercise must be completed within four months from the receipt of the order. The writ petition was disposed of with no order as to costs.