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2018 Supreme(Gau) 1389

M.R.PATHAK
Arup Kr. Medhi S/o. Lt. Sunanda Ram Medhi – Appellant
Versus
State of Assam Rep. By The Commissioner, To The Govt. of Assam, Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MR K K MAHANTA
For the Respondent: SC, ELEM. EDU

ORDER :

1. Heard Mr. K.K. Mahanta, learned senior counsel assisted by Mr. K.M. Mahanta, learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Senior Advocate and Additional Advocate General of the State assisted by Mr. A. Deka, learned counsel for the respondent Nos.1 to 3 and Mr. S.C. Keyal, learned ASGI for respondent No.4.

2. The issues involved in this writ petition are –

(I) Whether a Writ of Mandamus or similar writ or direction can be issued directing the respondents State of Assam in the Elementary Education Department to relax the requirement of Teacher Eligibility Test (TET) Examination so as to proceed with selection process pursuant to the impugned Advertisements ‘A’ and ‘B’ dated 11.03.2018 and to consider the case of the petitioners for selection and appointment as Lower Primary and Upper Primary Teachers subject to their qualifying in the TET Examination as and when the same is going to be conducted by the Appropriate Government i.e., by the State Government?

(II) Whether holding of TET Examination at least once every year by the Appropriate Government, i.e., by the respondent State Government herein is mandatory as per the Guideline of the NCTE dated 11












































































































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