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GAUHATI HIGH COURT
Ajai Lamba, Soumitra Saikia, JJ.
Raju Chakraborty & Ors. - Appellant
Versus
State Of Assam - Respondent
Writ Petition (Civil) No. 8068 of 2019, 7387 of 2017, 5572 of 2017, 7147 of 2017
Decided On : 04-09-2020
The petitioners, who were graduates with Teacher Eligibility Test (TET) qualifications, challenged the rejection of their candidatures for the posts of Assistant Teachers in Lower Primary Schools in various districts of Assam. The selection process was conducted strictly in accordance with the guidelines issued by the National Council for Teacher Education (NCTE) and the Assam Elementary Education (Provincialization) Rules, 1977. The petitioners contended that their graduate qualifications should have been considered for selection, as per the NCTE Notification dated 29.07.2011, which provided for graduation and two-year Diploma in Elementary Education as the minimum qualification for Lower Primary Teachers. The Court held that the Advertisement dated 16.07.2014 issued by the SSA was not strictly in conformity with the expressed norms laid down by the NCTE and which are mandatorily required to be followed by the Government of Assam. The Court further held that the petitioners had failed to demonstrate that any of their Fundamental Rights and/or some Legal Rights or the performance of any Legal Duties by the respondents authorities have been violated and/or not complied with and thereby depriving the rights of the candidates under the Constitution and the Laws framed thereunder or resulting in manifest injustice. Accordingly, the Court dismissed the writ petitions.
Fact of the Case:
The petitioners, who were graduates with Teacher Eligibility Test (TET) qualifications, challenged the rejection of their candidatures for the posts of Assistant Teachers in Lower Primary Schools in various districts of Assam. The selection process was conducted strictly in accordance with the guidelines issued by the National Council for Teacher Education (NCTE) and the Assam Elementary Education (Provincialization) Rules, 1977. The petitioners contended that their graduate qualifications should have been considered for selection, as per the NCTE Notification dated 29.07.2011, which provided for graduation and two-year Diploma in Elementary Education as the minimum qualification for Lower Primary Teachers.
Finding of the Court:
The Court held that the Advertisement dated 16.07.2014 issued by the SSA was not strictly in conformity with the expressed norms laid down by the NCTE and which are mandatorily required to be followed by the Government of Assam. The Court further held that the petitioners had failed to demonstrate that any of their Fundamental Rights and/or some Legal Rights or the performance of any Legal Duties by the respondents authorities have been violated and/or not complied with and thereby depriving the rights of the candidates under the Constitution and the Laws framed thereunder or resulting in manifest injustice.
Issues: 1. Whether the Advertisement dated 16.07.2014 issued by the SSA was in conformity with the norms laid down by the NCTE? 2. Whether the petitioners' graduate qualifications should have been considered for selection, as per the NCTE Notification dated 29.07.2011?
Ratio Decidendi: 1. The Court held that the Advertisement dated 16.07.2014 issued by the SSA was not strictly in conformity with the expressed norms laid down by the NCTE and which are mandatorily required to be followed by the Government of Assam. 2. The Court further held that the petitioners had failed to demonstrate that any of their Fundamental Rights and/or some Legal Rights or the performance of any Legal Duties by the respondents authorities have been violated and/or not complied with and thereby depriving the rights of the candidates under the Constitution and the Laws framed thereunder or resulting in manifest injustice.
Final Decision: Accordingly, the Court dismissed the writ petitions.
JUDGMENT
Soumitra Saikia, J. - These Writ petitions being WP(C) No. 5572/2017, WP(C) No. 7147/2017 & WP(C) No. 7387/2017 although filed by different petitioners centre around a common question and are premised on similar facts. These writ petitions are a sequel to an earlier round of litigation resorted to by the petitioners pertaining to the same issue. The petitioners are aggrieved by the rejection of their candidatures seeking contractual appointments to the posts of Assistant Teachers in Lower Primary Schools in various districts of Assam, in pursuance to advertisements issued by the respondent authorities. Additionally, WP(C) No. 8068/2019 has been filed by the petitioners therein challenging the Schedule-I framed under Rule 3(vi)(a) of the Assam Elementary Education (Provincialization) Rules, 1977 and thereby seeking a Writ of Certiorari for setting aside and quashing of the said Schedule-I framed under Rule 3(vi)(a). A further prayer is also made seeking a Writ of Mandamus to direct the respondent authorities to amend the impugned Schedule-I of the Assam Elementary Education (Provincialization) Rules, 1977 and thereby to provide for adding of marks secured by the candidates in their graduates degree examination from the UGC recognized Universities, for the purpose of their selection to the post of teachers in the Lower Primary Schools in accordance with Rule 3(b) and Rule 3(vi)(a) of the Assam Elementary Education(Provincialization) Rules, 1977. As WP(C) No. 8068/2019 has put the Schedule-I of the 1977 Rules to challenge, the matter was placed before the Division Bench as per the High Court Rules. Thereafter by subsequent orders of this court, all these writ petitions were directed to be listed together. Accordingly, all these writ petitions listed today are taken up together for hearing and disposal.
2. Heard Mr. N. Dhar, learned counsel appearing for all the petitioners. Also heard Mr. D. Saikia, learned Senior Counsel assisted by Mr. R. Mazumdar, learned counsel appearing for all the respondents.
3. The petitioners in WP(C) No. 5572/2017 and WP(C) No. 7147/2017 are aggrieved by the order dated 02.01.2016 passed by the Mission Director, Sarva Sikhsa Abhiyan (hereinafter referred to as SSA) Assam whereby their claims for consideration of their candidatures to the posts of Assistant Teachers in Lower Primary Schools across various districts in the State of Assam were rejected. Earlier the SSA vide Advertisement dated 12.02.2014 invited applications for appointment on Contractual Basis to the posts of Assistant Teachers in Lower Primary Schools across various districts in the State of Assam. As per the said advertisement dated 12.02.2014, 50% in Higher Secondary (or its equivalent) with TET (medium specific) passed or Graduate degree under UGC recognized universities with Teacher Eligibility Test (TET) qualification was provided for as the "Essential Qualification and Experience" for being eligible for selection and appointment to the said posts. The petitioners, being graduate degree holders under UGC recognized universities with Teacher Eligibility Test(TET) qualifications duly applied in response to the said Advertisement. The petitioners contend that in spite of the petitioners being graduate degree holders under UGC recognized universities with Teacher Eligibility Test (TET) qualifications and thereby making them eligible in the terms of the advertisement dated 12.02.2014, the District Level Screening Committees, Sarva Siksha Mission, of the districts of Karimganj, Cachar, Hailakandi and Kamrup(M) rejected the candidatures of the petitioners on the premise that they did not secure 50% marks in their Higher Secondary Examinations.
4. Subsequently, in the year 2014, another similar Advertisement dated 16.07.2014 was issued by the SSA again inviting applications for appointment on Contractual Basis to the posts of Assistant Teachers in Lower Primary Schools across various districts in the State of Assam. As the petition
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