WP(C) 6446/2011 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. B. Das, learned counsel for the petitioner as well as Mr. B. C houdhury, learned SC, Education Department. Considering the nature of the order I propose to pass, no notice need to issued to the private respondents. The matter relates to provincialisation of the service of the teachers o f venture educational institution as per the provision of Assam Venture Educatio nal Institutions (Provincialisation of Services) Act, 2011. Section 4 (1) (2) of the Act speaks of continuous service as Lecturer for granting the benefit of pr ovincialisation of service. According to the petitioner, the respondent No. 6 wa s not in service in the college during the period from 02.01.2007 to 06.04.2011 as during that period he was gainfully employed as Project Assistant in the Stat e Institute of Rural Development (SIRD), Govt. of Assam. It is the case of the p etitioner that on receipt of the information regarding move to provincialise the service of the Lecturers of other employees of the said college, the respondent No. 6 has come back to the college and rejoin on 09.04.2011. Thus, according t o the petitioner, there is service gap and the case of the respondent No. 6 is r equired to be considered as fresh Lecturer appointed on 09.04.2011. Urging the aforesaid grievance, the petitioner has filed Annexure-E repr esentation dated 02.11.2011 to the Governing Body of the College, namely Pati Da rang College (Jr.), Nasatra, Muktapur, Kamrup with copies to the (1) Commissione r and Secretary to the Govt. of Assam, Education Department, (2) Joint Secretary to the Govt. of Assam, Education Department, (3) Director, Secondary Education Department, Assam and (4) Inspector of Schools, Kamrup. Considering the nature of the grievance raised, this writ petition is di sposed of directing the respondents to take note of the aforesaid fact while con sidering provincialisation of service of the incumbents of the college. Facilita ting the same, they may take the aforesaid representation dated 02.01.2011 and d ispose of the same taking note of the attending facts and circumstances and in a ccordance with law. However, no adverse orders shall be passed against the respo ndent No. 6 without affording him an opportunity of being heard. The Governing B ody of the college may also be heard in this process.