The court ruled that the retrospective application of new qualification requirements for teachers violates established rights, as teachers appointed before the changes cannot be penalized under newly imposed standards.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. Aliba Ozukum, the learned counsel for the petitioners. Also heard Ms. V. Suokhrie, the learned Additional Advocate General appearing for the State respondents.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners, namely, Ms. Rongsenkangla and 77 others, praying for issuance of a writ in the nature of mandamus and/or any other appropriate writ/order or direction of like nature.

3. In the instant writ petition, the petitioners have impugned the Circular No. B/HT/RLX/1/2021-2022, dated 15.03.2023 and 28.03.2023 issued by the Directorate of School Education, Nagaland (Respondent No. 3).

4. The facts relevant for consideration of the instant writ petition, in brief, are that the petitioners are employed as Primary Hindi teachers under the Directorate of School Education, Nagaland. It is contended in the writ petition that the petitioners had done diploma in Hindi teaching, on the basis of written tests followed by interviews conducted by the Government of Nagaland, which had invited applications from candidates having minimum qualification of Class-8 to undergo Hindi Teachers training.

5. It is contended by the petitioners that in pursuant to the invitation by the Government of Nagaland to undergo Hindi Teachers training they had undergone such training in Government Hindi Institute, Dimapur for three years. After successfully completing three years course they were thereafter, sent to Kendriya Hindi Sansthan, Agra to undergo rigorous teachers education training for one year.

6. It is also contended by the petitioners, in the writ petition, that initially the eligibility criteria for undergoing Hindi Teachers training was Class-8 pass in general which was subsequently enhanced to Class 10 pass and, thereafter, to Class-12 pass. In support of their contention, the petitioners have annexed several advertisements for such course in which eligibility criteria have been mentioned as stated herein before the petitioners. The petitioners were appointed on various dates (from 2001 to 2012).

7. Their selection was made by the departmental selection committees. Though, some of the petitioners were appointed on adhoc basis initially, however, the services of all the petitioners have, in the meantime, been regularized and they were posted in different Government Middle Schools as primary Hindi Teachers all over the State of Nagaland.

8. Mr. C.T. Jamir, the learned senior counsel for the petitioners has submitted that the Government of Nagaland took up initiative for setting up of Hindi Teachers Training Institute at Dimapur and owing to shortage of Hindi teacher in the States invited candidates possessing Class-8 pass qualification to undergo teachers training/diploma in Hindi from the aforesaid Institute. Accordingly, all the petitioners had applied to the said course and had successfully undergone the aforesaid diploma course and thereafter, undergone one year course from Kendriya Hindi Sansthan, Agra.

9. He submits that the course undergone by the petitioners i.e.,“Hindi Sikshan Pravin” is equivalent to teachers training certificate/diploma as same has been acknowledged by the Government of India in its letter dated 25.11.2003, which is annexed as Annexure-D to the writ petition. The learned senior counsel for the petitioners has submitted that some of the petitioners have by now served more than 20 years as primary Hindi teachers and others have completed more than 10 years as such teachers and they were all along trea