The main legal point established was the eligibility for promotion to the post of Headmaster based on educational qualifications and the limited scope for judicial review of non-statutory promotion guidelines.

Heard Mr. M.U. Mondal and Mr. S. Islam, learned counsels for the petitioners. Also heard Mr. S.P. Bhattacharjee and Mr. N. Sarma, learned counsels for the Elementary Education. Mr. M. Hasan appears for the private respondents in all the cases and Mr. N. Islam appears for the petitioner in WP(C) No. 5318/2013.

2. The issues being the same in all the writ petitions, the writ petitions are being disposed of by this common Judgment & Order.

3. The petitioners are all graduates and working as Assistant Teachers/ in-charge Headmasters in various Middle Schools.

4. The petitioners’ case is that the promotion of teachers to the post of Headmaster in the M.E Schools should only be of teachers who have Degree qualifications, as the educational qualification required for appointment as a teacher is a graduate, as per the NCTE Notifications dated 23.08.2010 and 29.07.2011. Secondly, the promotion of the private respondents to the post of Headmasters should be set aside, as they do not have a Degree qualification, which is in violation of the NCTE Notification dated 23.08.2010, NCTE Notification dated 29.07.2011 and in violation of Clause 2 & 6 of the “Procedure for Promotion to the post of Headmaster of ME/MEM/MV and Senior Basic Schools”, as given in the Notification dated 02.03.2010, issued by the Education (Elementary) Department, Assam.

5. The petitioners counsels submit that as per Clause 2 of the Notification dated 02.03.2010, the Promotional Committee is to prepare Sub-Division wise gradation list of teachers, separately for ME/MEM/MV and Senior Basic Schools in order of seniority, which would in essence be a panel list of teachers who are eligible to be appointed as Headmaster. Thereafter, the promotion to Headmaster had to be done on the basis of the said gradation list. They submit that the criteria for promotion to the post of Headmaster is seniority. They also submit that in the present case, the promotion of the private respondents to the post of Headmasters has been done after the validity period of 1 year of the panel list of selected teachers has expired, which is in violation of Clause 6 of the Notification dated 02.03.2010.

6. The learned counsels for the respondents, on the other hand submit that as per Para 4 of the NCTE Notification dated 23.08.2010 and the subsequent letter dated 28.08.2017, issued by the NCTE, the requirement of a teacher of a ME School, having a Degree qualification is not required for those teachers who have been appointed prior to 03.09.2001. Further, as per the Procedure for Promotion to the post of Headmasters of ME/MEM/MV and Senior Basic Schools, issued by the State respondents vide the earlier Notification dated 30.08.1986 and the latest Notification dated 02.03.2010, the teachers who have the minimum qualification of Matric/HSLC could be considered for promotion to the post of Headmaster.

7. I have heard the learned counsels for the parties.

8. To a query given to the counsels for the petitioners as to whether the petitioners would become senior to the private respondents, in the event Sub-Division wise gradation list of teachers were made separately for ME/MEM/MV and Senior Basic Schools, the counsels for the petitioners submit that the petitioners would still remain junior to the private respondents.

9. Clause 2, 5 & 6 of the Procedure for Promotion to the Post of ME/MEM/MV and Senior Basic Schools, issued by the Education (Elementary) Department vide Notification dated 02.03.2010 states as follows:

“2. The committee shall prepare a Sub-division wise gradation list of Teachers (separately for ME/MEM/MV and Senior Basic Schools) in order of seniority showing date of appointment, Educational qualification, year of passing of training, age on the date of appointment, date of retirement which should be communicated to all incumbents with copies to all the concerned authorities for information.

5. The Teacher who have passed at least Matric/HSLC, Normal or have at least intermediate or its equ