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KAMAL SAJATI v. THE STATE OF ASSAM

Supreme Court of India | Diary 566/2023

Status

Order

Decided On

2024-02-12

Bench

HON'BLE MR. JUSTICE B.R. GAVAI and HON'BLE MR. JUSTICE SANDEEP MEHTA

Petitioner

KAMAL SAJATI

Respondent

THE STATE OF ASSAM

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No. 985 of 2023)

KAMAL SAJATI & ORS. Appellant(s)

VERSUS

THE STATE OF ASSAM & ORS. Respondent(s)

O R D E R

1. Leave granted.

2. The appeal challenges the order dated 5th

December, 2022 passed by the Division Bench of the

Gauhati High Court at Gauhati in I.A. (Civil)/1447

of 2022, whereby the application filed by the

respondent-State for condonation of delay in filing

the appeal came to be allowed.

3. The respondent-employees had approached the

learned Single Judge of the High Court of Gauhati.

Their claim was that they are working as Sanskrit

Teachers in various private schools.

2

4. It was further their case all the schools in

which they were working had been provincialized

under the provisions of the Assam Venture

Educational Institutions (Provincialisation of

Services) Act, 2011.

5. It was further their case that in pursuance

of the said enactment, the services of all other

teaching and non-teaching staff were

provincialized, except the appellants.

6. The learned Single Judge after finding that

the appellants were otherwise eligible and their

provincialisation was held up only on the ground

that there were no students taking up the subject

of Sanskrit in the last couple of years, the

reasoning given was ...

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