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HC strikes down Provincialization Act

By Law Reporter
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GUWAHATI, Sept 23 - The Gauhati High Court today passed a landmark judgement declaring that the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011 is constitutionally invalid.

A Division Bench of the High Court, comprising Justice Hrishikesh Roy and Justice Paran Kumar Phukan, passed the judgement after hearing a bunch of writ petitions challenging the legal validity of the Provincialization Act.

The contention of the petitioners was that the provisions of the Provincialization Act categorizing the provincialization of the staff of a venture educational institution is prima facie illegal and arbitrary.

The court held that the Provincialization Act has many legal failings as it is not only discriminatory but also repugnant to many aspects of the Right to Education Act and other Central Acts.

The court further held that �appointment of teachers in the venture institutions is not competition-based and is opaque and therefore, quality of education is bound to suffer if this is allowed to continue. This naturally will negatively impact the next generation of our State.�

While declaring the Provincialization Act constitutionally invalid, the court further directed the State respondents to do their exercise to bring a fresh legislation expeditiously and preferably within the next six months.

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HC strikes down Provincialization Act

GUWAHATI, Sept 23 - The Gauhati High Court today passed a landmark judgement declaring that the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011 is constitutionally invalid.

A Division Bench of the High Court, comprising Justice Hrishikesh Roy and Justice Paran Kumar Phukan, passed the judgement after hearing a bunch of writ petitions challenging the legal validity of the Provincialization Act.

The contention of the petitioners was that the provisions of the Provincialization Act categorizing the provincialization of the staff of a venture educational institution is prima facie illegal and arbitrary.

The court held that the Provincialization Act has many legal failings as it is not only discriminatory but also repugnant to many aspects of the Right to Education Act and other Central Acts.

The court further held that �appointment of teachers in the venture institutions is not competition-based and is opaque and therefore, quality of education is bound to suffer if this is allowed to continue. This naturally will negatively impact the next generation of our State.�

While declaring the Provincialization Act constitutionally invalid, the court further directed the State respondents to do their exercise to bring a fresh legislation expeditiously and preferably within the next six months.

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