Point of Law : Service Rules, 2005 would indicate that the post of Principal, Basic Training Centre is not even a post under the said Rules. Therefore, an incumbent holding the post of Principal cannot stake any claim to be promoted to the post of Inspector of Training irrespective of the fact that in the said Rules.

JUDGMENT :

When this writ petition was moved, this Court had passed an order dated 28.03.2017 issuing notice of motion and as an interim measure, it was provided that while the interview/viva-voce for the post of Inspector of Training (SCERT) HQ Estt. can be proceeded with by the APSC, the result of the same was directed not to be published and no further steps to be taken towards filling up the said post until further orders. Upon receipt of notice, the respondent no. 4 had filed I.A.(Civil)/120/2021 for vacation/alteration/modification of the exparte-interim order dated 28.03.2017. The petitioner had also filed I.A.(Civil)/1289/2021 for continuation/extension of the interim order dated 28.03.2017. Since, the writ petition is of the year 2017, and as agreed upon by the parties, instead of hearing the connected interlocutory applications, the writ petition itself is taken up for disposal. The parties are also in agreement that I.A.(Civil)/120/2021 filed by the respondent no. 4 be treated as the affidavit-in-opposition.

2. Before going to the issue which has arisen for adjudication, it would be convenient to state the concise facts of the case.

3. The petitioner, as the name suggest, is an Association with the nomenclature All Assam Elementary Teacher Educators' Association. It is the admitted case that the members of the petitioner-Association are Graduate Instructors/Science Graduate Instructors/Language Instructors of the various Basic Training Centres in the State of Assam and few of them have also been promoted to the post of Principal, Basic Training Centre. It is the contention of the petitioner-Association that their promotions done as per the Assam SCERT (Basic Training Centre) Service Order 2004 (hereinafter referred to as the Service Order, 2004). The next promotional post is in the cadre of Inspector of Training and Controller of Examination which are in the Class I category. The grievance of the petitioner is that the vacant post of Inspector of Training has been sought to be filled up by way of direct recruitment for which a notification dated 15.03.2017 has been issued. It is the case of the petitioner-Association that only two persons were called for the interview/viva-voce by ignoring the members of the petitioner-Association, who were holding the post of Principal, Basic Training Centre and had claimed to be eligible.

4. As per the petitioner, in the said notification dated 15.03.2017, a mention has been made regarding a purported Advertisement No. 17/2015 followed by an interview/viva-voce held in the month of July/August 2016 which has been alleged to be done surreptitiously. It is the case of the petitioner that the impugned action is contrary to the mandate of the Service Order, 2004 wherein the role of the APSC is said to be minimal. It is, however not in dispute that the State of Assam has subsequently framed the Assam State Council of Educational Research and Training Service Rules, 2005 (hereinafter referred to as the Service Rules, 2005)

5. I have heard Shri A. Dasgupta, learned Senior Counsel assisted by Shri G Goswami, learned counsel for the petitioner-Association. I have also heard Shri P Nayak, learned Standing Counsel, SCERT; Shri B. Sharma, learned Standing Counsel, APSC; Shri PK Borah, learned Standing Counsel, Elementary Education Department, Assam and Shri J Patowary, learned counsel for the respondent no. 4. None has appeared for the respondent no. 5. The materials on record have also been carefully perused.

6. Shri Dasgupta, learned Senior Counsel for the petitioner-Association submits that under the Service Order, 2004 whereas Inspector of Training was a Class-I post, Principal of Basic Training Centre is a Class-II post. Clause-5 thereof, pertains to the recruitment and under Clause-5 (2), it has been laid down that the said post shall be filled up from the select list of Principal and Principal has been defined under Clause-2 (k) as Principal of a Basic Training Centre. The learned Senior Cou