Gauhati High Court
Sulekha Goala And 22 Ors vs The State Of Assam And 3 Ors on 12 October, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/7
GAHC010144952020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4284/2020
1:SULEKHA GOALA AND 22 ORS
D/O MADAN CHASA RESIDENT OF VILLAGE BINNAKANDI, PO
BINNAKANDI, PS LALA, DIST CACHAR, ASSAM 788126
2: ABDUR RAHMAN
S/O MASADDAR ALI
RESIDENT OF VILLAGE SIDHIPUR
PO KATIRAI
PS KATIGORAH
DIST CACHAR
ASSAM 788802
3: RANJIT DEB
S/O LATE SATISH CHANDRA DEB
RESIDENT OF VILLAGE KATIRAIL
PO KATIRAIL
PS KATIGORAH
DIST CACHAR
ASSAM 788804
4: TAPAN CHANDRA SHIL
S/O LATE ANIL CHANDRA SHIL
RESIDENT OF VILLAGE MAIZ BAGARGOOL
PO RAKESH NAGAR
PS KARIMGANJ
DIST KARIMGANJ
ASSAM 788701
5: ANANTA PAUL
S/O LATE HIRENDRA CHANDRA PAUL
RESIDENT OF VILLAGE SIDDHESWAR PART I
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PO GONGAPUR
PS KATIGORAH
DIST CACHAR
ASSAM 788804
6: BISSHWAMAY NATH
S/O LATE NARESH CHANDRA NATH
RESIDENT OF VILLAGE SALEPUR (NARSINGPUR PART I) PO
NARSINGPUR PS SONAI
DIST CACHAR
ASSAM 788115
7: BANDANA DAS
D/O LATE AMARENDRA DAS
RESIDENT OF VILLAGE NILMONI ROAD
PO
PS AND DIST KARIMGANJ
ASSAM 788710
8: SEEMA CHOWHAN
D/O ARJUN PRASAD CHOWHAN.
RESIDENT OF VILLAGE JOGIA BOSTI
PO NARSINGPUR
PS DHOLAI
DIST CACHAR
ASSAM 788115
9: SUPARNA SHIL
D/O SASHI MOHAN SHIL.
RESIDENT OF VILLAGE PIYUSH TEXTILE TARAPUR
STATION ROAD
NEAR UBI BANK PS SILCHAR
DIST CACHAR
ASSAM
10: SHAIBAL SINHA
S/O DHIRENDRA KUMAR SINHA
RESIDENT OF VILLAGE ITKHOLA
SILCHAR
DIST CACHAR
ASSAM 788001
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11: DIPCHAND YADAB
S/O LATE BASARAJ YADAB
RESIDENT OF VILLAGE BARIK NAGAR
PART II
PS SILCHAR
DIST CACHAR
ASSAM 788013
12: PINAK MITRA
S/O LATE KETAKI RANJAN MITRA
RESIDENT OF VILLAGE KATIRAIL
PO KATIRAIL
PS KATIGORAH
DIST CACHAR
ASSAM 788804
13: TAPADHIR BHATTACHARJEE
S/O LATE TARAPADA BHATTACHARJEE
RESIDENT OF VILLAGE KALIBARI ROAD
TARAPUR
PO SILCHAR
3 DIST CACHAR
ASSAM 788003
14: BIJAY MADHAB CHAKRABORTY
S/O LATE BENI MADHAB CHAKRABORTY
RESIDENT OF DOHALIYA COLONY (BLK 3) PS PATHARKANDI
DIST KARIMGANJ
ASSAM 788724
15: AZAD HUSSAIN CHOUDHURY
S/O NURUL HOQUE CHOUDHURY
RESIDENT OF VILLAGE TARINIPUR PART III
PO SIALTAK
PS KATIGORAH
DIST CACHAR
ASSAM 788802
16: NUR AHMED CHOUDHURY
S/O LATE MOIN UDDIN CHOUDHURY
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RESIDENT OF VILLAGE KAZIDAHAR PART I. PO KAZIDAHAR
PS SONAI
DIST CACHAR
ASSAM 788115
17: SUTRIPTI MUKHARJEE
W/O DIPAK KUMAR PAUL.
D/O LATE SHRINIVAS MUKHARJEE
RESIDENT OF HARI MOHAN LANE
HOUSE NO. 02. PO RANGHIKHARI
PS RANGHIKHARI
DIST CACHAR
ASSAM 788005
18: RUPAK KANTI DEY
S/O LATE JATINDRA MOHAN DEY
RESIDENT OF VILLAGE SHYAMA PRASAD ROAD
PO
PS AND DIST KARIMGANJ
ASSAM 788710
19: MENAKA GIRI
W/O HEM SAGAR ACHARYA
RESIDENT OF VILLAGE KARIBIL NEPALI
PO KAWRI PATHER
PS HELEM
DIST BISWANATH
ASSAM 784170
20: MONIR UDDIN
S/O MONTAZ ALI
RESIDENT OF VILLAGE HALDIBARI PART II
PO KIRTANPARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM 783389
21: GITANJALI SHARMA
W/O BALRAM UPADHYA
RESIDENT OF VILLAGE NO.
DULIAJAN GOAN
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NEAR BZ PLUS GATE
PO DULIAJAN
DIST DIBRUGARH
ASSMA 786602
22: CHIRAJUL ISLAM
S/O ELIUS ALI
RESIDENT OF VILLAGE KARATIPAM
PO KARATIPAM PS AND DIST MORIGAON
ASSAM 782105
23: JAHORA BEGUM
W/O SYED IQBAL HUSSAIN
RESIDENT OF VILLAGE BADARPUR TOWN
WARD NO. 1
DIFHIRPUR BUNDASHIL KHADIMPARA
AND GARKAPAM (BLK 3) PS BADALPUR
DIST KARIMGANJ
ASSAM 78880
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM. EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR,
GUWAHATI 781006
2:THE PERSONAL (B) DEPARTMENT
GOVT. OF ASSAM
REPRESENTED BY ITS PRINCIPAL SECRETARY
DISPUR GUWAHATI 6
3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
KAHILIPARA
GUWAHATI 19
4:THE MISSION DIRECTOR
AXOM SARBA SIKSHA ABHIYAN MISSION KAHILIPARA
GUWAHATI 78101
Advocate for the Petitioner : MR. N AHMED
Advocate for the Respondent : GA, ASSAM
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BEFORE
HON' BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 12-10-2020 Heard Mr. N Ahmed, learned counsel for the petitioners. Also heard Mr. S M T Chistie, learned Standing counsel, Education Department of the State and Mr. S Borah, learned Standing counsel, Axom Sarba Siksha Abhiyan Mission for the respondents.
It is contended by the petitioners that the petitioner Nos. 1 to 18 have cleared the Teacher Eligibility Test and the petitioner Nos. 19 to 23 have cleared their Central Teacher Eligibility Test (CTET). As such, having the requisite qualification, they are entitled to participate in the selection process for the posts of Assistant Teachers in Lower Primary and Upper Primary Schools of the State.
It is also contended by the petitioners that recently on 24.09.2020, the Mission Director, Axom Sarba Siksha Abhiyan Mission issued an advertisement under No. SSA/TT/Engagement of AT/328/2020/2609 for filling up of 3743 nos. of posts of Assistant Teachers in the Lower Primary Schools and the Upper Primary Schools under the Axom Sarba Siksha Abhiyan Mission on contractual basis. However, in the said advertisement, the qualification for CTET has not been considered except the Assam Teacher Eligibility Test.
It is submitted by the petitioners that for such non-inclusion of CTET in the said advertisement dated 24.09.2020, the petitioners have been deprived from participating in the said selection process. Hence, this writ petition.
It is to be noted herein that in some of the cases with regard to the said advertisement dated 24.09.2020, the petitioners approached the Court prior to the said cut-off date of 11.10.2020 and by order of the Court, those petitioners were directed to file their application to the said advertisement dated 24.09.2020 by 05:00 p.m. of 13.10.2020.
It is seen that the petitioners have filed this writ petition on 12.10.2020. The relevant advertisement was published by the SSA. Assam on 24.09.2020 (Annexure-7 to this writ petition) itself and as per the same, the last date of filing of filled up application for such posts was the Page No.# 7/7 midnight of 11.10.2020. The petitioners have approached this Court after the last date of filing of such filled up application. The Writ Court in exercise of its power under Article 226 of the Constitution of India cannot extend the cut off date/last date of filing of such application, more particularly, when petition is filed after such cut-off date.
As the petitioners have filed this writ petition today i.e., on 12.10.2020 after the cut-off date of filing of such application in pursuance of the said advertisement dated 24.09.2020, this writ petition being devoid of merit stands dismissed.
JUDGE Comparing Assistant