State authorities mandated under Rule 8 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018, must annually ascertain and advertise vacant teaching positions across all subjects, subject to the completion of departmental rationalization processes.

Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. B. Kausik, learned Standing Counsel, Secondary Education Department, for all the respondents.

2. Challenge made in these writ petitions is to the advertisements dated 26.12.2023 and 07.09.2021 and the Addendum dated 16.10.2024, issued by the Directorate of Secondary Education, Assam, whereby applications are invited from the eligible candidates for filling up of various vacant posts of Graduate Teacher (Arts), (Science), (Hindi), (Sanskrit) and Post Graduate Teachers in different Provincialised Secondary/ Higher Secondary Schools under the Directorate of Secondary Education, Assam.

3. Having considered that these writ petitions involve similar issues on fact and law, same are taken up analogously and disposed of by this common order.

4. The petitioners are Graduate and Post Graduate in Arabic and Persian subjects having B.Ed qualification and are eligible for appointment to the post of Graduate Teachers and Post Graduate Teachers.

5. The Directorate of Secondary Education, Assam, vide advertisement dated 26.12.2023 and 07.09.2021, has invited applicants from eligible candidates for filling up of various vacant posts of Graduate Teachers (Arts), (Science), (Hindi) and (Sanskrit) and Post Graduate Teachers of the different Provincialised Secondary/Higher Secondary Schools under the Directorate of Secondary Education, Assam. By an Addendum dated 16.10.2024, the Directorate of Secondary Education has notified the breakup of the number of posts in terms of the said advertisement dated 26.12.2023.

6. It is the contention of the petitioners that despite availability of sufficient vacancies in the posts of Graduate Teachers and Post Graduate Teachers in Arabic and Persian subjects, the respondent authorities have not advertised the said posts, which has deprived the petitioners from participating in the selection process. Therefore, the respondent authorities are duty bound to advertise the vacant posts of Graduate Teachers and Post Graduate Teachers in Arabic and Persian subjects.

7. Mr. S. Borthakur, learned counsel for the petitioners, while referring to the provisions of Rule 8 of Assam Secondary Education (Provincialised Schools) Service Rules, 2018, submits that the authorities are obligated to ascertain the vacancy position in the cadre of Graduate Teachers and Post Graduate Teachers, including subject teacher in Vocational Subjects in Provincialised Schools, along with sanction number, allotment and retention order of those posts before the end of every year and to invite applications through an advertisement.

Therefore, the failure of the respondent authorities to advertise the posts in Arabic and Persian subjects, despite availability of vacancies and without following the mandate of the said Rules, is illegal. Therefore, he submits that the respondent authorities be directed to advertise the vacant posts of Graduate Teachers and Post Graduate Teachers in Arabic and Persian subjects in the Provincialised Schools so as to enable the petitioners to participate and compete in the selection process.

8. Mr. B. Kaushik, learned Standing Counsel, Secondary Education Department, on the other hand, submits that filling up of the vacant posts of Graduate Teacher and Post Graduate Teacher in Government and Provincialised Secondary Schools is a continuous process. After assessment of the need-based vacancies, advertisements dated 26.12.2023 and 07.09.2021 were issued for filling up of the vacant posts of Graduate Teachers and Post Graduate Teachers of di