IMPORTANT POINT
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.

JUDGMENT :

Vijay Bishnoi, C.J.

These 2(two) writ petitions have been filed by the petitioners challenging the validity of the provisions of Rule 8, Rule 10(1) and Rule (2) of the Assam Secondary Education (Provincialised Schools) Service (Amendment) Rules, 2023, (hereinafter to be referred as “the Amendment Rules of 2023”) notified on 20.09.2023 as well as the amendment brought into the Schedule-II and Schedule-III of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 by way of the Assam Secondary Education (Provincialised Schools) Service (Second Amendment) Rules, 2023, notified on 13.12.2023 (hereinafter to be referred as “the Second Amendment Rules of 2023”). The petitioners have also prayed for quashing and setting aside the Advertisement Nos.E-392562/3 and E-392562/4 dated 27.12.2023, issued by the Director of Secondary Education, Government of Assam.

2. The relevant brief facts of the cases are that the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter to be referred as “the Rules of 2018”) were promulgated by the Hon’ble Governor of Assam in exercise of powers conferred by proviso to Article 309 of the Constitution of India and it came into force from 10.10.2019.

3. As per Rule 1(3) of the Rules of 2018, the Rules of 2018 apply to the employees appointed for teaching and non-teaching purpose in the Senior Secondary Schools, Higher Secondary Schools, Assam High Madrassa and High Schools which have been provincialised under the Assam Secondary Education (Provincialised) Act, 1977, Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, Assam Junior Colleges (Provincialisation) Act, 2012 and Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017.

4. The procedures regarding recruitment to the post of Graduate Teacher and Post Graduate Teacher were provided under Rule 8 of the Rules of 2018. Rule 10 of the Rules of 2018 prescribes the academic and professional qualification for direct recruitment to the post of Graduate Teachers and Post Graduate Teachers. It stipulates that the academic and professional qualification for direct recruitment shall be as in Schedule III of the Rules of 2018.

5. For the convenience, the provisions of Rule 8, Rule 10 and Schedule-II and Schedule-III pertaining to the recruitment on the post of Graduate Teacher and Post Graduate Teacher, as they stood before coming into force of the Amendment Rules of 2023 and the Second Amendment Rules of 2023, are reproduced hereinunder:

“8. Recruitment to the post of Graduate Teacher, Post Graduate Teacher selection procedure thereof:- (1) The Recruitment to the post in the cadre of Graduate Teachers, Post Graduate Teacher including Subject Teacher in Vocational Subjects in provincialised High School/High Madrasa, Higher Secondary Schools and Senior Secondary School shall be made by direct recruitment in the manner prescribed under sub-rule (2).

(2)(i) Before the end of the year the Member-Secretary of the District Selection Committee constituted under Rule 16(2), shall ascertain the vacancy position of the posts in the cadre of Graduate Teacher, Post Graduate Teacher including Subject Teacher in Vocational Subjects in provincialised High School, High Madrasa, Higher Secondary Schools Senior Secondary School with sanction number, allotment and retention order of those posts and invite applications through an advertisement to be published in two local newspapers.

(ii) The Member-Secretary shall prepare a list of eligible candidates and submit to the District Selection Committee after scrutiny of the applications. The District Selection Committee shall verify documents in respect of academic qualification and marks sheet of the respective examination and calculate the marks secured by a candidate in respect of the respective examination in the manner as specified in Schedule-II and on the basis of total marks secured by a can