JUDGMENT AND ORDER (ORAL)

Heard Mr. N. Haque, the learned counsel for the petitioner and Mr. R. Mazumdar, the learned Standing Counsel, Secondary Education Department appearing on behalf of the respondent Nos. 1, 3, 4 & 5. Also heard Ms. D. D. Barman, the learned Additional Senior Government Advocate, Assam for the respondent No. 2.

2. The petitioner herein has filed the instant writ petition for setting aside and quashing the final select list, Secondary Education, pursuant to the advertisement No.GD-EST/Advertisement/1/2020/11 for Graduate Teacher (Arts) of Cachar District so far as it relates to Schedule Caste category which has already been published by the respondent authorities as well as for a direction that the respondents, particularly the respondent No. 5 to publish a fresh correct final select list of Graduate Teachers (Arts) in Cachar District under Schedule Caste category and appoint the petitioner by including her name on the basis of her securing higher marks than the selected one.

3. The case of the petitioner is that the petitioner had completed her B.A. degree in Arts in the year 1999, M.A. (Bengali) in the year 2001 and also obtained B.Ed degree in the year 2003 from the Assam University, Silchar. Being from the Schedule Caste category, the petitioner claims to be entitled to relaxation of age provided under the Constitution of India. The TET Empowered Committee for Secondary Education, Assam issued an advertisement No.RMSA/Special/TET/842/2017/80 dated 31.07.2017 for conducting special TET of High School Level Teachers stating the upper age limit not above 43 years as on 01.01.2017 for Graduate Teachers. It was provided that there would be relaxation of upper age limit for SC, ST(P), ST(H) for another 5 years as per the Government of Assam’s Office Memorandum No.ABP.06/2016/04, dated 03.03.2016. The petitioner submitted her application through online TET (Teacher Eligibility Test), 2017 bearing application No.17535190 (Bengali Medium). While the petitioner was waiting for the response to her application submitted in terms with the advertisement dated 31.07.2017, the Member Secretary, TET Empowered Committee for Secondary Education, Assam had issued another advertisement vide No.RMSA/Special/TET /842/ 2017/172 dated 13.11.2019 inviting applications from intending candidates for Graduate Teachers in Secondary Education, Assam for appearing in the Teacher Eligibility Test, medium-wise for Secondary Level in pursuance of earlier advertisement dated 31.07.2017. On the date of the advertisement, i.e. on 13.11.2019, a public notice was also issued by the Member Secretary, TET Empowered Committee, Secondary Education, Assam stating that the Medium TET for Secondary Level will be held on 02.12.2019.

4. The petitioner again applied/uploaded her application through online pursuant to the advertisement dated 13.11.2019 and her Application Number was 17535190 (Bengali Medium). The respondent authorities had conducted TET for Graduate Teachers on 19.01.2020 and the petitioner was allotted an Admit Card bearing Roll No.924010471 as well as Application No.17535190. Having appeared in the said TET, the petitioner successfully qualified in the TET for Graduate Teacher (Arts). The petitioner was issued a Mark Sheet-cum-Certificate on 23.07.2020 whereby it was shown that the petitioner secured 114 marks out of 200 marks.

5. Thereafter the Government of Assam, Personnel (B) Department had issued an Office Memorandum No.ABP.6/2016/51 dated 02.09.2020 by which the upper age limit was raised for entry into the State Government Services from 38 years to 40 years for Grade-III and Grade-IV posts. The Government had also decided to further raise the upper age limit by 5 years for general age limit, i.e. up to 45 years from existing 43 years for entry into the State Government Services in respect of candidates who belong to the Schedule Caste and Schedule Tribe and by 3 years, i.e. up to 43 years in respect to OBC/MOBC candidates.

6. The