IMPORTANT POINT
The Court established that the Assam DIET Service Rules do not require a Ph.D. for promotion to Principal, validating the Selection Board's recommendations.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard the learned senior counsel/ counsel for the parties.

Brief facts:

2. The petitioner in both the writ petitions project that they are holding Ph.D. degree and are serving as senior lecturers in District Institute of Educational Training (DIET for short). The petitioner in W.P. (C) 4255/23 is serving in DIET, Dalgaon, Cachar. The petitioner in W.P. (C) 4963/2023 is serving in DIET, Udharbond, Cachar. It is the case of the petitioners that as they have the Ph.D. Degree and they both are otherwise in the zone of consideration for being considered for promotion to the post of Principal, DIET. The Selection Board by its minutes dated 07.07.2023, had recommended names of 17 senior lecturers serving in DIETs in the State of Assam for filling up 17 (seventeen) vacant posts of Principal of DIETs in Assam. The State Government, through its Department of Education, has accepted the recommendations of the Selection Board minutes dated 07.07.2023. Accordingly, by filing these two writ petitions under Article 226 of the Constitution of India, the petitioners have laid challenge to the selection on the ground that the senior lecturers whose names were recommended by the Selection Board did not have Ph.D. Degree and M.Ed Degree with 55% which is the requirement under the guidelines of the National Council for Teacher Education (NCTE for short), which is projected to be mandatory.

Stand of the respondent no. 2, in brief, in the affidavit-in- opposition:

3. In the affidavit-in-opposition filed by the Secretary to the Govt. of Assam Department of School Education (respondent no. 2) in connection with W.P. (C) 4255/ 2023, it has been stated, amongst others, that pursuant to direction contained in (i) the order dated 02.09.2022, passed by this Court in W.P. (C) 5761/2022 - Md. Taj Uddin Laskar v. State of Assam and (ii) order dated 12.03.2021, passed by this Court in W.P. (C) 1667/2021 - Eusob Ali Sheikh v. State of Assam, a fresh provisional gradation list in respect of cadre of senior lecturers of DIETs in Assam was published vide Govt. notification dated 18.03.2023. The objections/ grievances of 12 (twelve) incumbents was considered and resolved vide order no. AEE.12/2023/196 dated 30.06.2023.

4. It has further been stated that the minimum qualification for the post to be filled up by direct recruitment through Assam Public Service Commission (APSC for short) was revised. However, revision of the educational qualification was not made for the post of Principal of DIETs in Assam, which is the promotional post. It is projected that for the promotional post of Principal, the feeder posts are the post of Vice-Principal and the post of Senior Lecturer, having not less than 10 (ten) years experience as per the provisions of the Assam District Institute of Education and Training Service Rules, 2010 (hereinafter referred to as the “Assam DIET Rules, 2010”). The Selection Board meeting for the post of Principal of DIETS in Assam was held on 12.02.2021 instead of 04.02.2021, and no resolution was taken by DPC with regard to Ph.D. Degree. Accordingly, based on recommendation by the Selection Board held earlier on 12.02.2021, promotion was given by Government notification dated 25.02.2021. Thereafter, Selection Board in its meeting held on 07.07.2023, had recommended 17 (seventeen) names for filling up 17 posts of Principals in DIETs in the State.

Stand of the petitioner, in brief, in the affidavit-in-reply filed in W.P. (C)

5. Amongst others, the petitioner has taken a stand that the action taken by the respondent authorities in respect of her representation dated 24.04.2023 was improper and that the complaints were not redressed. It was stated that DIETs in Assam impart training of teachers i.e. B.Ed. course and therefore, it is implied that the Principal of DIETs in Assam must have Ph.D. Degree as mandated in NCTE Regulations, 2014 and in this regard, reliance was placed on the DIET Guidelines of November, 1989, issued by