ORDER

(ORAL)

Date : 17-09-2019 Heard Mr. K. K. Mahanta, learned senior counsel assisted by Mr. B. M. Deka, learned counsel for the petitioner. Also heard Mr. J. Abedin and Mr. N. Sarma, learned Standing Counsel, Elementary Education Department for the State. None appears for the private respondent No. 6 though she was represented through a counsel whose name is also reflected in the cause list.

The matter is accordingly proceeded.

2. The case of the petitioner is that the petitioner, though a Graduate, which is a requirement for appointment to the post of Headmaster, has been ignored and the respondent No. 6 who does not have the Graduation qualification has been appointed, which is not permissible. There is no dispute to the aforesaid factual position.

3. As evident, the matter pertains to appointment to the post of Headmaster of Aibheti D. K. Senior Basic School, which became vacant on 01.03.2012 upon retirement of the earlier incumbent. The petitioner, being the senior most qualified teacher amongst those teachers having Graduation qualification was allowed to hold the said vacant post of in charge basis. Subsequently, the said post of Headmaster was filled up on regular basis. However, when the said post was filled up on regular basis, instead of the petitioner, the respondent No. 6, who undisputedly does not possess Graduation was appointed on the basis of seniority vide order dated 05.12.2015. It is this order which has been put to challenge in this petition.

4. As mentioned above, the sole ground of challenge of the appointment of the private respondent No. 6 is that she is not eligible for appointment to the post of Headmaster.

5. As regards this contention, learned senior counsel for the petitioner has relied on the following provisions of law and relevant rules and made the submission.

(i) It has been submitted that the post of Headmaster is to be filled up in terms of Assam Elementary Education (Provincialisation) Rules, 1977.

Under Rule 3 (b) (iii), the minimum qualification provided for a person to be eligible for appointment as a teacher in an elementary school shall be as per Notification issued by the State government from time to time in conformity with the NCTE norms.

(ii) It has been further stated that these qualifications shall be applicable to all category of elementary schools and in case of any relaxation required in respect of any qualification as prescribed by the NCTE, the State government shall take the matter with the Government of India in case of relaxation.

(iii) It has been submitted that as far as the NCTE norms are concerned, it is very clear that a person must be a Graduate to hold the post of Teacher.

Learned senior counsel for the petitioner contends so on the basis of the notification issued by the NCTE on 03.09.2001 containing the Regulations known as “National Council of Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001” which were framed in exercise of powers conferred under Clause d (i) of Sub-Section (2) of Section 32 read with Section 12(d) of the National Council of Teacher Education Act, 1993.

It has been provided under Regulation 2 that these regulations shall be applicable for recruitment of teachers in all formal schools established, run or aided or recognized by Central or State Government or other authorities imparting education at elementary (primary, upper primary/middle school) secondary and senior secondary stages.

Regulation 3 lays down the qualification of recruitment as mentioned in First and Second Schedule attached to the said Regulation.

(iv) The First Schedule specifically provides for recruitment to the post of teachers in Elementary School and Upper Primary (Middle Class School) with which the present petition is concerned. The minimum academic and professional qualifications have been laid down as follows:

First Schedule to the National Council for Teacher Education (Determination of Qualifications for Recruit