Point of Law: The expression used is “it is clarified”, meaning thereby that the same is clarificatory in nature and therefore, by the Rules of interpretation, the same would relate back to the notification which is intended to be clarified.

JUDGMENT :

1. Identical issue being raised in these writ petitions, the same are taken up together for analogous hearing and are being disposed of by this common judgment and order.

2. The extra-ordinary jurisdiction of this Court has been sought to be invoked by challenging the exclusion of the petitioners from the select list of candidates for the post of Assistant Teacher in Lower Primary and Upper Primary Schools pursuant to two advertisements dated 11.03.2018. It the case of the petitioners that they had secured higher marks than the last selected candidate and yet, they have been left out in the select list. The only discernible reason appears to be non-possessing of the TET/Dl. Ed. qualification before the petitioners had attained an upper age limit. It is the case of the petitioners that in any event, all of them had the qualification of TET/Dl. Ed. prior to the selection process. The petitioners have placed reliance upon a development during the pendency of the writ petitions which, as per the petitioners, would bring the entire controversy to rest and there would not be any hurdle/hindrance in considering the appointment of the petitioners as Assistant Teachers.

3. At the outset, the learned counsel for the parties have submitted in tandem that the principal issue has already been decided by this Court vide a judgment and order dated 09.11.2021 passed in a bunch of writ petitions, including WP(C)/345/2021 (Smti. Ajanta Ray Vs. State of Assam & Ors.). That being the position, narration of the facts of each case is considered unnecessary. Suffice it to mention that the grievance of the petitioners are in connection with denying them the benefit of appointment as Assistant Teacher of Lower and Upper Primary Schools in spite of being placed higher than the candidates who have been offered such appointment. The only discernible reason, as indicated above, is inability to acquire the qualification of TET/Dl. Ed. before a particular date. There is however, no dispute to the fact that all the petitioners are otherwise equipped with the qualification of TET/Dl. Ed. prior to the date when the recruitment process had begun.

4. The advertisements dated 11.03.2018 were for 5393 posts of LP School Teachers and 4120 posts of Upper Primary School Teachers in different districts all across the State of Assam. In the eligibility criteria, in Sl. No.3, amongst other, the prescribed age of the candidates has been stated, as per which a candidate must not be less than 18 years and not more than 38 years of age as on 01.01.2018 and also providing for relaxation of upper age limit of SC/ST candidates and Persons with Disability for 5 years as per norms. The said advertisements were followed by an addendum dated 29.10.2018 whereby in Sl. No. 3, it was notified that the upper age limit stood revised up-to 44 years in respect of General/UR candidates, 47 years in respect of OBC/MOBC candidates and 49 years in respect of SC/ST and Person with Disability candidates as on 01.01.2018. It was further provided that the relaxation shall be applicable only for those candidates who have attained the necessary educational or other qualifications prior to crossing of their existing age limit of 38 years.

5. It is an admitted case that none of the petitioners had acquired the TET/Dl. Ed. qualification within the upper age prescribed for various categories. However, it is also a fact that even before the advertisement dated 11.03.2018 was issued, all the petitioners were possessing TET/Dl. Ed. qualification. It appears that due to non-fulfillment of the aforesaid criteria of TET/Dl. Ed., the candidatures of the petitioners were rejected.

6. I have heard Shri KM Mahanta; Shri MU Mahmud; Shri PK Sharma; Shri PD Nair; Shri H Das; Shri SS Goswami; Shri I Choudhury; Shri C Boruah; Shri M Dutta; Shri S Borthakur; Shri MA Sheikh; Shri PA Ahmed; Shri RA Ahmed; Shri UJ Saikia; Shri A Deka; Shri R Ali; PJ Saikia; Shri M Ahmed; Shri PU Ahmed; Shri B Buragohain; Shri K Bhu