ORDER :

M.R. Pathak, J.

1. Mr. N. Unni Krishnan Nair, learned Senior counsel assisted by Mr. Jiten Payeng, learned counsel for the petitioners. Also heard Mr. Devajit Saikia, learned Senior Standing counsel assisted by Mr. B. Kaushik, learned counsel Education Department, Assam for the respondent Nos. 1 to 4.

2. The Director of Elementary Education, Assam on 11.09.2020 issued an advertisement inviting online applications from the eligible candidates and permanent residents of Assam qualified in Assam TET (Teacher Eligibility Test) for filing up of 3941 numbers of vacancies of Assistant Teacher of Lower Primary Schools and Assistant Teacher Science Teacher, Assamese Language Teacher and Manipuri Language Teacher in Upper Primary Schools of the State under the Directorate of Elementary Education, Assam, wherein mid-night of 26.09.2020 was the last date of submission for filled up application.

3. Further, the Mission Director of Axom Sarba Siksha Abhiyan Mission on 24.9.2020 issued another advertisement inviting online applications from the eligible candidates and permanent residents of Assam qualified in Assam TET for the post of Assistant Teachers in the Lower Primary and Upper Primary Schools of Assam on contractual basis in which mid-night of 11.10.2020 was the last date of submission for filled up application.

4. The petitioners stated that they passed the Assam TET for Lower Primary and Upper Primary Schools conducted on 10.11.2019. As such they are qualified for Assistant Teachers in Lower Primary and Upper Primary Schools.

5. Since 2018 petitioners are also pursuing two years D.El.Ed. Course (Diploma in Elementary Education Course) under the State Council for Education and Research Training (SCERT), Assam for the Academic Session 2018-2020 and the said course should have ended by June/July 2020. But due to the changed circumstances, i.e., Pandemic COVID 19, Final Semester Examination could not be held in time, which was lastly scheduled on 28.09.2020.

6. Mr. Nair, learned Senior counsel for the petitioners, on instructions, submits that the result' of the same has been declared on 9.10.2020 and therefore, the petitioners are not pressing their prayer for extension of the last date for filing applications pertaining to the Advertisement dated 24.09.2020 issued by the Mission Director of Axom Sarba Siksha Abhiyan Mission.

7. Mr. Nair, however submits that petitioners at this stage are praying for extension of the last date of submission of application with regard to the Advertisement dated 11.09.2020 issued by the Director of Elementary Education, Assam, noted above. Mr. Nair stated that had there been no Pandemic of Covid 19, the petitioners in usual course would have passed the said D.El.Ed. Course by June/July, 2020 and they would have been eligible to participate in the selection process in terms of the said Advertisement dated 11.09.2020. Petitioners stated that they submitted online application in pursuance of the Advertisement dated 11.09.2020 giving their D.El.Ed. Course Registration numbers even after knowing that authorities will certainly reject their applications for not having the requisite Diploma of D.El.Ed.

8. Mr. Nair, learned Senior counsel further submits that after the said Advertisement dated 11.9.2020, the petitioners on 14.9.2020 submitted a representation before the Director of Elementary Education, Assam praying for extension of time to file their applications and that the same is still pending for disposal.

9. Hence this writ petition by the petitioner praying for direction to the respondent Director of Elementary Education, Assam to extend the last date of submitting filled up application for the post of Assistant Teacher etc. in the Elementary Schools of the State in terms of said Advertisement dated 11.09.2020 issued by the Director of Elementary Education, Assam to a suitable date or any date as may be fixed by the Court so that the petitioners can submit their applications with the marks which they have