Gauhati High Court
Manik Ali vs The State Of Assam And 2 Ors on 13 February, 2020
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/4
GAHC010031122020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 903/2020
1:MANIK ALI
S/O- MR. JAFAR ALI, R/O- VILL. PATHALI KUCHI, P.O. GAJIA, P.S. AND
DIST.- BARPETA, ASSAM- 781314
VERSUS
1:THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF
EDUCATION (ELEMENTARY), JANATA BHAWAN, GHY.- 781006.
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF EDUCATION (ELEMENTARY)
JANATA BHAWAN
DISPUR
GHY.-06.
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
GOVT. OF ASSAM
KAHILIPARA
GHY.-19
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : SC, ELEM. EDU
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 13-02-2020 Heard learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Senior counsel assisted by Mr. R. Mazumder, learned Standing Counsel, Education (Elementary) Department for the State.
This Court had passed an order on 10.02.2020 in this petition, which reads as follows.
"Heard Mr. P. D. Nair, learned counsel for the petitioner.
Issue notice, returnable on 13.02.2020.
Mr. R. Mazumdar, learned counsel, assisting Mr. D. Saikia, learned Senior Standing Counsel, Education Department accepts notice on behalf of all the respondents. Extra copies within three days.
Grievance of the petitioner is that the petitioner is 38 years 2 days old as on 01.01.2020 and, as such, he would be age-barred in terms of the employment notice dated 24.01.2020. The said notice was issued advertising 5515 posts of regular vacant teachers in LP Schools and 4120 posts of regular vacant post of teachers in Upper Primary School.
In the said advertisement, it has been mentioned that the upper age limit for General candidate is 38 years. The petitioner belongs to General category and, as such, he would be age-barred in terms of the said employment notice.
Learned counsel for the petitioner submits that there is an Office Memorandum issued on 18.04.2018 in which it has been mentioned that the upper age limit for entry into Grade III and Grade-IV posts in the State Government is revised to 44 years with effect from 03.03.2018 till 31.03.2019 except for the posts of Police Service (both Armed and Unarmed), Home Guard, Civil Defence, Fire Brigade and Jail Services. It has been further mentioned in the said OM that the application of this OM will be limited to vacant posts for which advertisements are made on or after the date of effect of this OM, i.e., 03.03.2018.
It has been submitted by learned counsel for the petitioner that the impugned employment notice dated 24.01.2020 is issued in continuation of the earlier advertisement dated 11.03.2018. However, the earlier advertisement was not acted upon because of Page No.# 3/4 certain litigations before this Court and there were many candidates who had not passed TET, which is one of the essential requirements and the State Government did not make any arrangement for holding TET in the meanwhile. Accordingly, the said employment notice could not be acted upon but it was re-issued on 24.01.2020 after the State Government conducted TET and the petitioner in the meantime also qualified in both TET and CTET and, as such, it is submitted that since the impugned notice dated 24.01.2020 is the continuation of the earlier advertisement dated 11.03.2018, learned counsel for the petitioner submits that the petitioner will be entitled to the benefit conferred under the notification dated 18.04.2018 and accordingly he may be allowed to apply for the said post.
Mr. Saikia, learned Senior Standing Counsel, however, submits that efficacy of the said notification dated 18.04.2018 has exhausted inasmuch as it was for the post advertised with effect from 03.03.2018 till 31.03.2019. Moreover, the petitioner could not have been eligible in terms of the advertisement dated 11.03.2018 as he did not possess TET at the relevant point of time. Further, the said notification dated 18.04.2018 was not applicable to the said advertisement dated 11.03.2018. Moreover, the statute specifically provided that the age limit of teachers in terms of Assam Elementary Education (Provincialisation) Rules, 1977 is 36 years which has been extended to 38 years as it is within the wisdom of the competent authority to extend the age limit.
This Court having heard learned counsel for the parties and also on perusal of the materials on record, is of the view that the matter requires detail examination. However, it is directed that the petitioner may be allowed to apply for the said post in terms of impugned employment notice dated 24.01.2020 subject to the condition that his participation in the recruitment process will not be declared without leave of the Court.
Learned Senior counsel for the State submits that in that event, the petitioner may submit his application manually within three days, i.e., 13.02.2020 by 4.30 pm. Learned Senior Standing Counsel, Education Department also submits that the respondents will file affidavit by 12.02.2020 and the matter be listed on 13.02.2020 for hearing.
List accordingly on 13.02.2020."
Mr. Saikia, learned senior counsel for the State submits that those applications which are filed manually within today i.e. 13.02.2020 by latest 06.00 pm will be accepted.
Page No.# 4/4 Mr. Saikia, learned senior counsel in all fairness has submitted before this Court that as obtaining certified copy may take some time, he will personally inform the authorities to accept off-line application of the petitioner latest by 06:00pm today provided the petitioners furnish the names, particulars and the copy of the writ petition today itself in course of the day.
List accordingly on 18.02.2020.
JUDGE Comparing Assistant