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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ARUN DEV CHOUDHURY, J.
PARTHA PRATIM HAZARIKA AND ORS S/O LATE NAGEN HAZARIKA - Appellant
Vs.
THE STATE OF ASSAM AND ORS - Respondent
WP(C) No. 4688, 4235, 5268, 2788, 3080, 3782 of 2020, I.A.(Civil) No. 932 of 2019, WP(C) No. 1440, 1601, 1321, 1863, 1814, 3499, 4785, 1554, 1866, 1051 of 2019
Decided On : 05-04-2022
Education Law- Right to Education Act, 2009-TET examination for Assistant Teacher -Selection process - Qualified Madrassa TET examination -Promissory Estoppel and Legitimate Expectation.
Finding of the Court:
Promissory estoppel is a kind of estoppel based on promise made by one party to the other and such promise is made without any enforceable contract. However such promise must be unequivocal on the basis of which, the promisee has already acted and if such promise is withdrawn, the same shall be detrimental to the promisee. Action of the State authorities in issuing the impugned notifications and advertisement for selection of teachers in general Schools cannot be said to be unreasonable and unfair. In the totality of the matter, therefore, the argument of the learned Senior Counsels are rejected.
Result: Writ petition dismissed
JUDGEMENT :
Heard Mr. K. K. Mahanta, the learned Senior Counsel assisted by Ms. N. Begum, the learned counsel for the petitioners in WP(C)/1051/2019, WP(C)/1440/2019, WP(C)/1554/2019 and WP(C)/1601/2019. Also heard Mr. A. R. Bhuyan, the learned counsel for the petitioners in WP(C)/4688/2020, WP(C)/1814/2019, WP(C)/1863/2019, WP(C)/1866/2019, WP(C)/3080/2020, WP(C)/3782/2020, WP(C)/4235/2020, WP(C)/2788/2020, WP(C)/3499/2020 and WP(C)/5268/2020, Mr. A. F. N. U. Mollah, the learned counsel for the petitioners in WP(C)/4785/2019 and Mr. B. Purkayastha, the learned counsel for the petitioners in WP(C)/1321/2019. Also heard Mr. D. Saikia, the learned Advocate General, Assam representing the State of Assam, assisted by Ms. P. Chakraborty, the learned Standing Counsel for the Secondary Education Department, Government of Assam.
2. These writ petitions are taken together for disposal as the same are interlinked and arises out of similar causes of action.
The first challenge is of a Notification dated 05.01.2019, whereby Notifications dated 29.10.2018 and 21.11.2018 were withdrawn. The Notifications dated 29.10.2018 and 21.11.2018 were issued allowing the petitioners, who had qualified Madrassa TET examination to participate in a selection process initiated by an advertisement dated 11.03.2018. These writ petitioners had qualified Madrassa TET examination for HS Pre Senior Section, F.M. Pre Senior and Assistant Teachers, Hindi.
The other challenge is Notification dated 10.09.2020 whereby all earlier Notifications allowing Madrassa TET qualified teachers including Hindi and Arabic Teachers to participate in the selection process for selection of teachers in Upper Primary (UP) and Lower Primary (LP) Schools under Secondary and Elementary Education Department were cancelled. These Madrassa TET qualified candidates in Hindi and Arabic were earlier allowed to participate in the selection process initiated by advertisement dated 11.03.2018.
The third challenge is the advertisements dated 11.09.2020 and 24.09.2020 which were issued for filling up the posts of Graduate Teachers in Science and Arts in Provincialised High and Higher Secondary School in Assam.
3. The undisputed background facts:
(ii) On 17.10.2015 by order of the Governor, the Secretary to the Government of Assam, Secondary Education Department, issued a notification stating that due to non-availability of TET qualified candidates to fill up the posts of Arabic Teachers and Hindi Teachers in provincialised Schools/ Madrassas, the same need to be filled up from MTET qualified candidates.
(iii) On 11.03.2018, the Director of Elementary Education issued an advertisement for filling up the post of Teachers in Upper Primary Schools of Assam. Clause 13 of the said advertisement made MTET qualified in F.M (pre-senior Section) candidates eligible for the post of Arabic Teachers and Clause.14 made MTET (Hindi) qualified candidates eligible for the posts of Assistant Teacher in Hindi. The same is in conformity with notification dated 17.10.2015. However, no other MTET qualified candidates like HS Pre-Senior Section were made eligible to participate in the said Selection Process.
(iv) On 08.08.2018, the Director of Secondary Education, Assam issued a letter addressed to the Commissioner & Secretary to the Government of Assam stating that the office of the Director of Secondary Education is having no objection, if Government considers MTET for filling up
Point of Law : Doctrine of Estoppel debars a person/authority from negating any fact constituted to be truth either by action or deeds or by representation of that person/authority.
The court established that modifications to recruitment eligibility conditions did not violate constitutional rights and maintained that merit-based evaluation prevails over qualification type.
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
The Teacher Eligibility Test (TET) is a mandatory qualification for all candidates seeking appointment as teachers in elementary education, effective from the notification date of 23.08.2010, and can....
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 th....
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
Eligibility for teacher appointments in State-run institutions strictly requires passing TET per State regulations, as CTET alone does not suffice.
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