Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 4 Ors on 17 June, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/8
GAHC010110792022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4006/2022
KANAK CHANDRA PAUL AND 19 ORS
S/O- KAMAL CHANDRA PAUL, R/O- VILL- NOWA PARA 01, P.O.-
NOWAPARA, P.S.- MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN- 783392.
2: SURABHI HALOI
W/O- SRI GUNAJIT DAS
R/O- VILL- JARTALUK
P.O.- NICHALAMARI
DIST BAKSA
ASSAM PIN- 781349.
3: JHARNA BARUAH
W/O- CHANDRA MONI SAIKIA
R/O- VILL.- MILONPUR SAIKIA CHUBURI
P.O.- DIPOTA
DIST- SONITPUR
ASSAM PIN- 784150.
4: MAHIUDDIN AHMED
S/O- AFSAR ALI
R/O- VILL.- BAGHPARI
P.O. AND P.S.- MANGALDAI
DIST- DARRANG
ASSAM PIN- 784125.
5: RUPALI NATH
S/O- SRI UTPAL NATH
R/O. VILL.- BASHBARI
P.O. NORTH BOITAMARI
P.S.- BONGAIGAON
DIST- BONGAIGAON
ASSAM PIN- 783380.
6: AHAZUDDIN AHMED
Page No.# 2/8
S/O. MD. ASAD ALI
R/O. VILL.- BAGHPARI
P.O. AND P.S. MANGALDAI
DIST- DARRANG
ASSAM PIN- 784125.
7: MADHUSMITA BARMAN
W/O- SRI HARISH BARMAN
R/O- VILL. KUMARIKATA
P.O.- DEHARKALAKUCHI
P.S.- MUKALMUA
DIST- NALBARI
ASSAM PIN- 781310.
8: NOSIBUR ALI
S/O- MD. NABAB ALI
R/O-. VILL.- DESANG HALUWATING
P.O. DESANG GHAT
RAJMAI GRANT
DIST- SIBASAGAR
ASSAM PIN- 785672.
9: SAMSUL ALAM
S/O- ABDUL RAHIM
R/O- VILL.- LALPANI PART-I
P.O. AND P.S. - JIRIGHAT
DIST. CACHAR
ASSAM PIN- 788104.
10: HIRAK KUMAR SUTRADHAR
S/O- RADHA GOBINDA SUTRADHAR
R/O. VILL.- KAIMARI PT-IV
P.O. KAIMARI
P.S.- GOLAKGANJ
DIST.- DHUBRI
ASSAM PIN- 783335.
11: BAHARUL ISLAM LASKAR
S/O- HAMID RAJA LASKAR
R/O- VILL. RONGPUR PART-2
P.O SAHABAD
P.S.- KATLICHERRA
DIST.- HAILAKANDI
ASSAM PIN- 788163.
12: ROFIQUE UDDIN LASKAR
S/O- ABDUR RAHMAN LASKAR
R/O. VILL.- ADBULLAPUR PT-2
Page No.# 3/8
P.O. SARBANANDAPUR
P.S. LALA
DIST- HAILAKANDI
ASSAM PIN- 788163.
13: JITENDRA ROY
S/O- RAJ KUMAR ROY
R/O. VILL.- SAGOLIA
P.S. GOLAKGANJ
DIST- DHUBRI
ASSAM PIN- 783335.
14: NAMITA DAS
D/O- BINUD BIHARI DAS
R/O. VILL.- ULUKUCHI
P.O. NELLI
P.S.- JAGIROAD
DIST- MORIGAON
ASSAM
PIN- 782413.
15: RUPAK BEZ
S/O- GIRIDHAR BEZ
R/O- VILL. DHOBAHALA
P.S. JENGRAIMUKH
SUB-DIV- MAJULI
DIST.- JORHAT
ASSAM
PIN- 785105.
16: MD. SAYED RUHULLAH HASSAN
S/O- SHAH ALOM
R/O- VILL. MAJGAON
P.O. MAJGAON
DIST- BAJALI
ASSAM
PIN- 781313.
17: KAMALIKA ROY
W/O- SAMARJIT NARAYAN SINGHA
R/O- VILL. SINDURAI PT-2
P.S. AGOMANI
P.O. BELGURI
DIST.- DHUBRI
ASSAM
PIN- 783334.
18: RAKIBUL ISLAM
Page No.# 4/8
S/O- DALA MIAH
R/O. VILL.- BHULUKABARI PATHER
P.O. JARABARI
P.S. BARPETA
DIST- BARPETA
ASSAM
PIN- 781314.
19: NURTAZ HUSSAIN
S/O- SURHAB ALI
VILL. HOWLY TOWN
WARD NO. 1
P.O. AND P.S. HOWLY
DIST- BARPETA
ASSAM
PIN- 781316.
20: SUNIA TAHMIM MALLIK
D/O- ABDUS SAMAD MALLIK
VILL. AZAD NAGAR NORTH BARPETA
P.O.- BARPETA
DIST. BARPETA
ASSAM
PIN- 781301
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF
ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR,
GUWAHATI-781006.
2:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019.
3:THE UNION OF INDIA
REPRESENTED BY THE JOINT SECRETARY OF THE GOVERNMENT OF
SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCES DEVELOPMENT
SHASTRI BHAWAN
NEW DELHI-110001.
4:CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS SECRETARY HAVING ITS OFFICE AT SIXA KENDRA
2
Page No.# 5/8
COMMUNITY CENTRE
PREET VILHAR
DELHI- 110092.
5:THE NATIONAL COUNCIL OF TEACHER EDUCATION
( A STATUTORY BODY OF GOVERNMENT OF INDIA) HAVING ITS OFFICE
AT HANZ BHAWAN WING II BAHADUR SHAH ZAFAR MARG
NEW DELHI- 110002
Advocate for the Petitioner : MR. U SAIKIA
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
17-06-2022 Heard Mr. U. Saikia, learned counsel for the petitioners and Mr. B. Kaushik, learned Standing counsel, Elementary Education Department for the respondent Nos. 1 and 2. Also heard Mr. P. S. Bhattacharyya, learned CGC for the respondent No.3; Ms. R. Bora, learned Standing counsel, CBSE for the respondent No.4 as well as Mr. N. H. Barbhuiya, learned Standing counsel, NCTE for the respondent No.5.
In compliance of the order dated 03.02.2021, passed by a Division Bench of this Court in Writ Appeal No.24/2021, order dated 12.02.2021, passed in I.A.(Civil) No.258/2021 and Cont. Cas(C) No.296/2021 all arising out of said WA No.24/2021 and on instruction of the State Government in Elementary Education Department under No. PMA.68/2021/103 dated 08.10.2021, the Directorate of Elementary Education, Assam vide No.EAA/SIU/145/Pt- I/2020/38 dated 04.05.2022 issued an advertisement inviting online applications through its official website only from the writ petitioners involved in the concerned writ petitions and fulfilling all other eligibility criteria for filling up of the remaining vacant posts against Advertisement dated 11.09.2020 for the posts of Assistant Teacher of Lower Primary Schools and Assistant Teachers in Upper Primary Schools under it requesting the writ petitioners to visit the official website of DEE, Assam to fill up the online application form and uploading the Page No.# 6/8 relevant documents, specified therein from the Midnight of 25.05.2022 to the Midnight of 25.06.2022.
The petitioners herein have claimed that they have all the requisite eligibilities for recruitment to the post of Assistant Teachers of Lower Primary and Upper Primary Schools of the State and have also passed CTET (Central Teacher Eligibility Test) held in the year 2019, but have not yet passed the TET (Teacher Eligibility Test) conducted by the State Government for such posts.
The Directorate of Elementary Education, Assam on 11.09.2020 issued an Advertisement for filling up of 3941 posts of Assistant Teachers in L.P. and U.P. Schools in different districts of the State having passed TET (Teachers Eligibility Test) conducted by the State without extending the eligibility to the CTET qualified candidates.
Being aggrieved, 916 numbers of such CTET passed candidates approached this Court in different writ petitions challenging the said Advertisement dated 11.09.2020 of the Directorate of Elementary Education, Assam. All those writ petitions were dismissed by a common judgment and order dated 18.12.2020. Against the same, 50 numbers of writ petitioners preferred Writ Appeal No. 24/2021. The Hon'ble Division Bench by judgment and order dated 03.02.2021 disposed of said WA No. 24/2021 with the following observation:--
"53. There can be no doubt about the fact that the ultimate beneficiary of this recruitment process would be the large number of children who may suffer if there is undue delay in appointment of teachers. We are also conscious of the fact that there are 3941 vacancies advertised by the department and the total number of writ petitioners who had approached this court is 916. We make it very clear that all these 916 candidates shall be considered against the existing 3941 vacancies. But even if their candidature is ultimately accepted, all the writ petitioners including the present appellants can at best fill up 916 vacancies and no further. Although, there are only 50 appellants before us who have assailed the impugned judgment and order dated 18.12.2020 passed by the learned Single Judge, yet, since the impugned judgment has been set aside and in order to avoid future litigations on the same issue, we deem it appropriate to grant similar relief to the appellants as the other writ petitioners who are not before us but are similarly situated.
54. Considering the facts and circumstances of the case in its entirety and balancing the equities, we direct that the recruitment process initiated by the department on the basis of advertisement dated 11.09.2020 be now processed in two phases. In the first phase, appointment orders for filling up 3025 out of 3941 vacancies may be issued from amongst State TET qualified candidates. The appointment orders in respect of the remaining 916 vacancies be issued to the eligible Page No.# 7/8 candidates in the second phase after considering the candidatures of the 916 writ petitioners which includes the present appellants, who are Central TET qualified candidates. It is, however, made clear that the appointment of the writ petitioners/appellants would be subject to the condition that appellants have the State TET qualification and other guidelines prescribed by NCTE and they fulfill all eligibility norms prescribed by the advertisement notice dated 11.09.2020, including necessary proficiency in the required language."
Petitioners stated that they being CTET passed candidates are similarly placed with other CTET passed candidates. But as the said Advertisement dated 04.05.2022 issued by the DEE, Assam confined it only to those petitioners who preferred writ petitions before this Court challenging the original Advertisement dated 11.09.2020 issued by the DEE, Assam; the petitioners have been debarred from appearing/participating in the said selection process and thereby they have been deprived from their valuable rights protected under the Constitution of India.
The claim of the petitioners are that by the said judgment and order dated 03.02.2021 the Hon'ble Division Bench at Para 54 observed that appointment orders in respect of those 916 vacancies should be issued to the eligible candidates in the second phase who are Central TET qualified candidates.
Since the impugned Advertisement dated 11.09.2020 have confined the applications only amongst those 916 writ petitioners, who are only Central TET passed and earlier approached this Court challenging the said Advertisement dated 11.09.2020, according to the petitioners the said Advertisement is bad in law and it should be set aside and quashed.
From the reading of the paragraphs 53 and 54 of the said judgment and order dated 03.02.2021 passed by the Hon'ble Division Bench in WA No. 24/2021, noted above, it is very clear that the Hon'ble Division Bench with regard to said advertisement dated 11.09.2020 directed the State respondents in the Elementary Education Department to initiate the recruitment process in two phases, at first appointment orders for filling up of 3025 posts out of 3941 vacancies may be issued from amongst State TET qualified candidates and in the second appointment orders in respect of remaining 916 vacancies should be issued to the eligible candidates after considering the candidatures of the 916 writ petitioners including the appellants of said WA No. 24/2021, who are Central TET qualified candidates.
By the said judgment and order dated 03.02.2021 passed in WA No. 24/2021, the Page No.# 8/8 Hon'ble Division Bench further observed that appointment of the writ petitioners/appellants (who are Central TET qualified candidates and challenged the said advertisement dated 11.09.2020 issued by the DEE, Assam) shall be subject to the condition that those writ petitioners and appellants have the State TET qualification and other guidelines prescribed by NCTE and subject to fulfillment of their all eligibility norms prescribed by the advertisement notice dated 11.09.2020, including the necessary proficiency in the required language.
In the present case, the petitioners though Central TET qualified candidates but they did not challenge the said Advertisement dated 11.09.2020. Therefore, they are no way similarly placed with those 916 writ petitioners including the Appellants of WA No. 24/2021, who are Central TET qualified candidates and challenged the Advertisement dated 11.09.2020. Petitioners are also not State TET qualified candidates.
Therefore, at this belated stage, the petitioners cannot challenge the impugned Advertisement No.EAA/SIU/145/Pt-I/2020/38 dated 04.05.2022 issued by the Director of Elementary Education, Assam in compliance of said judgment and order dated 03.02.2021 passed by the Hon'ble Division Bench in WA No. 24/2021 and thereby seeking modification of said Division Bench judgment & order dated 03.02.2021.
Accordingly this writ petition, being devoid of any merit, stands dismissed.
JUDGE Comparing Assistant