The main legal point established is that the court considered the petitioners' long contractual service and the public interest in condoning the upper age limit, emphasizing the need for fair dealing and the quality of education.

Headnote:
Contractual Teachers - Scheme to strength and improve the quality of secondary education in the State of Assam - Assam Secondary Education (Provincialised Schools) Service Rules, 2018, Rule 10(3) - Notification dated 3/5/1951
Fact of the Case:

The petitioners were appointed as contractual teachers under the 'Scheme to strength and improve the quality of secondary education in the State of Assam'. The petitioners were aggrieved by the requirement of TET qualification and upper age limit in the advertisement dated 12/9/2020.
Finding of the Court:

The court found that the petitioners were appointed to ensure good quality education and intellectual advancement of students. The court directed the petitioners to file individual applications to condone the upper age limit, considering their long contractual service and the public interest.
Issues: The issues involved the requirement of TET qualification and the upper age limit for the petitioners who were appointed as contractual teachers under the scheme.
Ratio Decidendi: The court held that the petitioners' long contractual service and the public interest should be considered in condoning the upper age limit. The court directed the petitioners to file individual applications for the same.
Final Decision: The writ petitions were disposed of with a direction for the petitioners to file individual applications to condone the upper age limit, and for the Secretary to pass reasoned orders within two months.

JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. I. Chowdhury, learned senior counsel for the petitioners in WP (C) No. 3734/2020, WP (C) No. 3736/2020, WP (C) No. 3751/2020, WP (C) No. 3781/2020, WP (C) No. 3790/2020, WP (C) No. 4104/2020, WP (C) No. 4110/2020 and WP (C) No. 4113/2020, Mr. A. Deka, learned counsel for the petitioners in WP (C) No. 3862/2020 and WP (C) No. 3910/2020, Mr. U.K. Nair, learned senior counsel for the petitioners in WP (C) No. 3723/2020 and WP (C) No. 4042/2020, Mr. P.J. Saikia, learned counsel for the petitioners in WP (C) No. 4136/2020 and Mr. P.A. Ahmed, learned counsel for the petitioners in WP (C) No. 4140/2020, WP (C) No. 4177/2020 and WP (C) No. 4196/2020, Mr. R A Ahmed, learned counsel for the petitioners in WP (C) No. 4108/2020 and WP (C) No. 4112/2020, Mr. S. Hoque, learned counsel for the petitioners in WP (C) No. 3893/2020, WP (C) No. 3919/2020, WP (C) No. 4083/2020 and WP (C) No. 4138/2020, Mr. I.H. Laskar, learned counsel for the petitioners in WP (C) No. 3837/2020 and WP (C) No. 4018/2020, Mr. M Ahmed, learned counsel for the petitioners in WP (C) No. 4105/2020 and WP (C) No. 4107/2020, Mr. H. Das, learned counsel assisted by Mr. B C Deka, learned counsel for the petitioners in WP (C) No. 2238/2020 and WP (C) No. 4141/2020, Mr. R. Boro, learned counsel for the petitioner in WP (C) No. 4017/2020, Mr. S.S. Goswami, learned counsel for the petitioners in WP (C) No. 4190/2020 and WP (C) No. 4213/2020, Mr. M. Choudhury, learned counsel for the petitioners in WP (C) No. 3850/2020, Mr. ABT Haque assisted by Mr. Z.I. Choudhury, learned counsel for the petitioners in WP (C) No. 3840/2020, WP (C) No. 3896/2020, WP (C) No. 4121/2020 and WP (C) No. 4123/2020 and Mr. K.K. Mahanta, learned counsel for the petitioners in WP (C)/3885/2020. Also heard Mr. R. Mazumdar, learned Standing Counsel for the respondents in the Secondary Education Department, Government of Assam and Mr. Girin Pegu, learned Additional Senior Government Advocate appearing for the respondents.

2. Without going into the details of the issues involved in these writ petitions, Mr. I. Chowdhury, learned senior counsel leading the arguments on behalf of the petitioners has stated that two issues were involved in these writ petitions. All the petitioners were appointed as contractual teachers pursuant to a scheme called ‘Scheme to strength and improve the quality of secondary education in the State of Assam’. One the objectives of the scheme is to ensure that all the secondary and higher secondary schools have adequate teaching staff for the core subjects i.e. English, Science and Mathematics and Social Science; to ensure that there is no gap of classes during teaching hours due to absences of teaching staff of the above subjects; to ensure that all students pursuing secondary education receive education of good quality; to ensure that no students are deprived of education of satisfactory quality due to absence of teaching staff of the above subject; to improve quality of secondary education resulting in enhancement of intellectual and advanced learning.

3. The scheme provides for a procedure for selection and it provides that the School Management Committee of Secondary School or Higher Secondary School, as the case may be, would select and engage teachers on contractual basis as per the requirement, which also provides for a selection committee for the purpose. In other words, the petitioners have to undergo the process for selection in the manner provided in the aforesaid scheme and were appointed as contractual teachers in the respective schools by following, what is called, the constitutional scheme.

4. Taking note of the objectives of the scheme under which the petitioners were appointed, we also have to understand that the petitioners were engaged so that all the students receive education of good quality and that they are not deprived of any satisfactory quality education imparted upon them as well as to have an enhancement of

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