Arup Kumar Goswami, J.

Heard Mr. B. Chetri, learned counsel for the petitioner. Also heard Mr. S.K. Ghosh, learned standing counsel, Education (Secondary) Department appearing for the respondent Nos. 1, 2 and 3. None appears for respondent No. 4 despite service of notice.

2. The petitioner responded to an advertisement dated 21.12.2013 for Teachers Eligibility Test ('TET') Examination for Mathematics for Post Graduate Teachers of Higher Secondary Education. The petitioner passed the TET with 62.5% marks.

3. The Secretary to the Government of Assam, Secondary Education Department issued an Office memorandum dated 19.2.2014 on the subject of "Guidelines for recruitment to the post of Post Graduate Teacher in provincialised Higher Secondary". The Office Memorandum was professedly issued with a view to ensure proper process for recruitment of the Post Graduate Teacher in provincialised Higher Secondary in strict compliance of Assam Secondary Education (Provincialised) Service Rules, 2003, ['2003 Rules, (as amended)'].

4. The respondent No. 4, in terms of the Office Memorandum dated 19.2.2014, issued an advertisement on 13.6.2014 for TET qualified teacher for filling up one post of Subject Teacher in Dinjoy HM & HS School, Chabuah in Mathematics, which was reserved for OBC category. The petitioner belongs to OBC category and as he fulfilled the criteria laid down, submitted his candidature. He was selected for the post of Post Graduate Teacher of Mathematics and subsequently, on being required by the Inspector of Schools of Dibrugarh Circle, the petitioner also submitted an undertaking dated 22.7.2014 that he was willing to join in Dinjoy HM & HS School, Chabuah and that he would not join in any other school.

5. On 28.7.2014, the Government of Assam in the Education (Secondary) Department had added clause (7)(viii) to the Office Memorandum dated 19.2.2014, which is as follows :

"No candidate is allowed to apply in the Assamese medium schools if the combination of subjects in HSLC Exam does not include the subject Assamese as MIL."

6. On 3.12.2014, the respondent No. 2 published a list of selected candidates for the post of Post Graduate Teachers where the name of the petitioner figured at Serial No. 19. In the remark column against the name of the petitioner it was observed as follows :

"Post is blocked for clarification. The name of selected candidate appeared in the Mark-sheet/Certificate as Romendra Kumar but the DLAC as Ramendra Kr. Chapal."

7. Subsequently, the respondent No. 3 sent a corrigendum approved by the DLAC vide his letter dated 18.2.2015 indicating that the name of the selected candidate is Ramendra Kumar and not Ramendra Kumar Chapal.

8. During the course of arguments, Mr. Chetri has submitted that 'Chapal' is a name of the place, having a post office for the area in which the petitioner is a resident and the same was wrongly added as 'Chapal' after the surname of the petitioner.

9. Subsequently, an issue was raised by the respondent No. 2 vide order dated 18.2.2015 to the effect that the petitioner could not be appointed as Post Graduate Teacher in Mathematics as the medium of instruction of the petitioner in HSLC was not Assamese.

10. Later on, the respondent No. 2 issued another notification on 6.10.2015 whereby direction was issued to Inspector of Schools to immediately start the process of selection for filling up the posts of Post-Graduate Teachers in different provincialised Higher Secondary Schools. Clause 8 of the said letter is relevant and the same is quoted herein below :

"The Addendum issued vide Memo No. ASE.313/2013/65, dated 28.7.2014 should be deleted and cancelled as because indigenous candidates passing HSLC from English Medium Schools will be deprived and barred from participating in the selection process."

11. Thus, it appears that in the subsequent selection process for the posts of Post Graduate Teachers in different provincialized Higher Secondary Schools, the Addendum issued on 28.7.2