The judgment emphasized the limited review jurisdiction under Article 226 of the Constitution of India and highlighted that no vested rights could accrue to the petitioners due to an advertisement that did not conform to the Recruitment Rules and NCTE norms.

JUDGMENT

Soumitra Saikia, J. - Heard Mr. N. Dhar, learned counsel for the review petitioners. Also heard Mr. N. Khataniar, learned Standing counsel, Education (Elementary) Department, Government of Assam appearing for respondents.

2. This review petition is directed against the common judgment and order dated 04-09- 2020 rendered in WP(C)/8068/2019 and other connected writ petitions whereby WP(C)/8068/2019, WP(C)/5572/2017, WP(C)7174/2017 & WP(C)/7387/2017 were taken up together for hearing and disposal.

3. The skeletal facts necessary in addressing the issues raised in the present review petition are that by an advertisement dated 12-02-2014 issued by the Mission Director, Sarva Siksha Abhiyan (SSA), Assam applications were invited for recruitment on contractual basis to the posts of Assistant Teachers in Lower Primary School across eight (8) districts of Assam. The applications of the petitioners were rejected by the Respondent Authorities as they did not secure 50% marks in their Higher Secondary examination as per the Recruitment Rules. The petitioners being aggrieved, challenged the rejection before this Court by filing WP(C)/6879/2014. The grievances of the petitioners were that inspite of they being graduates from UGC recognized universities, their Graduate qualifications were not taken into consideration and instead their cases were rejected as they did not obtain 50% marks in their Higher Secondary examination. During the course of hearing, the State Respondents submitted that their case may have been rejected because of the age bar which, however, was disputed by the petitioners as their age bar had already been condoned by the Department. A Single Bench of this Court vide order dated 02-02-2015 disposed of the said writ petition by holding that 50% marks in Higher Secondary examination is not necessary in case of graduate candidates like the petitioners and therefore, the Department was directed to make an enquiry as to whether their candidatures were rejected on the ground of age bar and thereon was passed necessary orders.

4. A contempt petition being Contempt Case No. 02/2016 was also filed which came to be disposed of vide order dated 11-01-2018, in view of the fact that, the direction by a Single Bench of this Court by order dated 02-02-2015 passed in WP(C)/6879/2014 was complied with. The respondent Department in compliance with the directions of this Court considered their applications, but however, rejected the same by different orders. The Department rejected the claims of the petitioners on the ground that Schedule-I to Rule 3(vi)(a) of the Assam Elementary Education (Provincialization) Rules, 1977 did not provide for allotment of marks for graduate qualifications.

5. In the year 2014, another similar advertisement dated 16-07-2014 was issued and the petitioners again submitted their candidatures for appointment on contractual basis to the posts of Assistant Teachers in Lower Primary School across various districts of Assam. The applications submitted were again rejected by the Department on the ground that they did not secure 50% marks in the Higher Secondary Examination. Being aggrieved, petitioners preferred WP(C)/5572/2017, WP(C)/7147/2017 and WP(C)/7387/2017 assailing the orders of the Respondent Department rejecting the representations filed by the petitioners against their non considerations. Later WP(C)/8068/2019 was filed by the present review petitioners whereby the petitioners prayed for a Writ of Certiorari for setting aside and quashing Schedule-I to Rule 3 (vi)(a) of the Assam Elementary Education (Provincialisation) Rules, 1977 for selection to the posts of Lower Primary School Teachers. The petitioners also prayed for a Writ of Mandamus directing the Respondent Authorities to amend the impugned Schedule-I to Rule 3 (vi)(a) of the Assam Elementary Education (Provincialisation) Rules, 1977 and thereby to provide for adding of marks secured by the candidates in their graduate degree examination fro