Ujjal Bhuyan, J.

1. We have been called upon to hear this case as a Special Bench by order of the Hon'ble the Chief Justice (Acting), dated 03.02.2016, following a reference made by the learned Single Judge in the order dated 29.01.2016 while hearing this case after expressing difference of opinion from the previous orders passed by a Co-ordinate Bench in identical matters.

2. Matter relates to selection and appointment of Assistant Teacher in Lower Primary (LP) schools in 10 districts of the State of Assam following advertisement dated 30.10.2014 of the Director of Elementary Education, Assam.

3. For a better understanding of the lis involved, it would be apposite to briefly state the facts at the outset.

4. An advertisement was published by the Director of Elementary Education, Assam, on 30.10.2014 inviting online applications in prescribed format from all Teachers Eligibility Test (TET) qualified candidates for filling up a total of 8193 vacancies in the post of Assistant Teacher in selected Government/Provincialised L.P. Schools under the Directorate of Elementary Education, Assam in 10 districts of the State. The 10 districts were Barpeta, Bongaigaon, Cachar, Darrang, Dhubri, Goalpara, Karimganj, Morigaon, Nagaon and Tinsukia. The district-wise breakup of vacancy was mentioned in the said advertisement. The advertisement was published as per provisions of the Right of Children to Free and Compulsory Education Act, 2009 and Assam Elementary Education (Provincialisation) Rules, 1977, as amended. The essential qualifications and experience prescribed for the post of Assistant Teacher in LP School was as follows:

50% in Higher Secondary (or its equivalent) and TET passed, or Graduate degree from UGC recognised university and TET passed [5% relaxation for SC/ST/OBC/MOBC and physically handicapped candidates Preference will be given to those who have two years diploma in Elementary Education and two years diploma in Elementary Education (Special Education) from recognised institutes].

5. It was mentioned that a candidate could apply for only one of the districts and that applications would be received online from 04.11.2014 to midnight of 13.11.2014.

6. At this stage, it may be noted that by a subsequent corrigendum dated 14.08.2015, it was mentioned that though 8193 vacancies were notified, Director of Elementary Education, Assam, could obtain SIU approval from Finance (SIU) Department for 7236 numbers of vacancies.

7. WP (C) No. 6827/2014 came to be filed by a group of candidates belonging to South Salmara Mancachar Sub-Division of Dhubri district with the grievance that two years diploma course in Elementary Education was started for contractual appointees of the State in the year 2012 to enable them to attain eligibility for the post of Assistant Teacher. But in the case of the petitioners, who are contractual teachers, the diploma course started only in the year 2013 and would be over only by the end of the year 2015. Therefore, no candidate from the said Sub-Division would have the benefit of 'preference' in terms of the advertisement, dated 30.10.2014. With similar grievance, another group of candidates, hailing from Karimganj district, filed WP (C) No. 6315/2014. They are also Assistant Teachers working on contractual basis. At this stage, it may be stated that petitioners of both the cases were appointed as Assistant Teachers on contract basis under the Sarba Siksha Abhiyan (SSA). Both the cases were heard together and were disposed of by a common order, dated 12.03.2015.

8. Learned Single Judge took the view that it was the inability of the State to provide the petitioners approved institutes to undergo the diploma course. Thus, petitioners were prejudiced and denied a level playing field to compete with those who were fortunate to complete the diploma course. After holding that denial of such level playing field violated Articles 14 and 16 of the Constitution, learned Single Judge disposed of the writ peti