The court determined that the insistence on having Hindi as a subject in graduation for teacher appointments violates constitutional rights as there was no NCTE mandate for such additional qualifications.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. S Borthakur, learned counsel for the petitioners appearing in WP(C) No.3100/2022 & WP(C) No.1996/2024 and Ms. M Borah, learned counsel for the petitioner in WP(C) No.7365/2023. Also heard Mr. N. J Khataniar, learned standing counsel, Elementary Education Department appearing for all the respondents in all these writ petitions.

2. These writ petitions are taken up together for final disposal as proposed by the learned counsels for the contesting parties, and also for the reason that the issue involved in these writ petitions and the reliefs sought are similar.

3. The case of the petitioners in all these writ petitions is that all the petitioners have the qualification of Praveen from Rastrabhasha Prachar Samiti and they claim to be eligible to be appointed as Teacher in Upper Primary School in the subject Hindi. However, their grievance is that such a qualification is not considered to be an eligibility, though the same qualification is a recognised qualification for selection as a Teacher for High Schools, in Hindi in Assam. It is also an admitted position that the petitioners, beyond qualifying Praveen from Rastrabhasha Prachar Samiti, had also acquired a Bachelor’s degree in Arts.

4. The background fact of this litigation is that certain advertisements were issued by the Director of Elementary Education, Assam for appointment of Hindi Teacher in Upper Primary Schools (Class VI to VIII), in which, the qualification for appointment of teachers in Hindi in Upper Primary Schools were prescribed as Graduate from an UGC recognized University, having Hindi as one of the subject and two years diploma in Elementary Education or B. Ed or D. Ed. (Special Education) or B. Ed (Special Education) and passed in Assam TET for Upper Primary Schools conducted by the Department of Elementary Education.

5. There is no dispute as regards the petitioners’ qualification of being graduates from recognized university or having the qualification of B. Ed etc, and passing the Assam TET for Upper Primary Schools. However, what the petitioners are claiming and as recorded hereinabove, is that they having obtained Praveen from Rastrabhasha Prachar Samiti, they should be allowed to participate in the selection process and they seek a declaration by way of a mandamus that their qualification of Praveen should be treated as a qualification in terms of such advertisements.

6. The basis of such prayer is that a similar qualification of Praveen is recognised for appointment of Hindi teachers in High School under the Secondary Education Department, and at the same time, it is not recognized as a valid qualification for appointment of Hindi Teachers in Upper Primary Schools under the Elementary Education Department.

7. In this context, Mr. Borthakur, learned counsel for the petitioners, referring to the Schedule of Assam Secondary Education (Provincialisation) Rules, 2018, argues that for Hindi teachers in Secondary Education (Class IX & X), the qualification prescribed is Praveen and Ratna in Hindi with 50% marks, and having degree qualification from any recognized university or B. Ed. It is his further contention that the state by framing the aforesaid Rule, 2018