Gauhati High Court
Shanku Namasudra And 11 Ors vs The State Of Assam And 2 Ors on 24 September, 2020
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/7
GAHC010129842020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3722/2020
1:SHANKU NAMASUDRA AND 11 ORS.
S/O- LT. RASAMAY NAMASUDRA, R/O- VILL- FANAIRBOND, P.O.
FANAIRBOND, DIST.- KARIMGANJ, ASSAM, 788737
2: SURAJ DAS
S/O- SRI SUSHANTA DAS
R/O- VILL- SINGLACHHERA PART-I
P.O. SINGLACHHERA
DIST.- KARIMGANJ
ASSAM
788736
3: PURNIMA BARDHAN
D/O- SRI RANJIT BARDHAN
R/O- VILL- DULLABCHERRA
P.O. DULLABCHHERA
DIST.- KARIMGANJ
ASSAM
788736
4: RAMA SHANKAR RABIDAS
S/O- SRI DHARAMDEO RABIDAS
R/O- VILL- LALCHERRA
P.O. FANAIRBOND
DIST.- KARIMGANJ
ASSAM
788737
5: GOURISHANKAR ROY
S/O- LT. DINESH CHANDRA ROY
VILL- BAGARGOOL
P.O. RAKESHNAGAR
DIST.- KARIMGANJ
ASSAM
Page No.# 2/7
788701
6: AYUSHI VERMA
D/O- LT. RATANLAL VERMA
R/O- VILL- DULLABCHHERA
BARA BAZAR
P.O. DULLABCHHERA
DIST.- KARIMGANJ
ASSAM
788736
7: PRANAMANGSHU BARMAN
S/O- SRI SUBHASH BARMAN
R/O- VILL- TARAPUR
NETAJI NAGAR
P.O. SILCHAR
DIST.- CACHAR
ASSAM
788003
8: RUPAM DAS
S/O- SRI KIRENDRA CHANDRA DAS
R/O- VILL- SUNIARPAR
P.O. GOBINDAGANJ BAZAR
DIST.- KARIMGANJ
ASSAM
788733
9: SWAPNA CHAKRABORTY
D/O- LT. RANJIT CHAKRABORTY
R/O- VILL- DHALCHARA PART-I
P.O. HAYAIRBOND
DIST.- CACHAR
ASSAM
788127
10: SWEETY CHAKRABORTY
D/O- LT. RANJIT CHAKRABORTY
R/O- VILL- DAYAPUR (CRPF CAMP ROAD)
P.O. UDHARBOND
DIST.- CACHAR
ASSAM
788030
11: SUTOPA DAS
D/O- LT. SURJAIT CHANDRA DAS
R/O- HOSPITAL ROAD
P.O. UDHARBOND
Page No.# 3/7
DIST.- CACHAR
ASSAM
788030
12: MINARA BEGUM
D/O- MD. SAHAB UDDIN
R/O- VILL- NIZ BANSKANDI
PT-IV
P.O. KARAIKANDI
DIST.- CACHAR
ASSAM
78810
VERSUS
1:THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, EDUCATION
ELEMENTARY DEPTT., DISPUR, GHY-06
2:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE UNION OF INDIA
REP. BY THE JOINT SECY. TO THE GOVT. OF INDIA
DEPTT. OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCES DEVELOPMENT
SHASTRI BHAWAN
NEW DELHI- 11000
Advocate for the Petitioner : MR K K MAHANTA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 24-09-2020 Heard Mr. K. K. Mahanta, learned counsel for the petitioners and Mr. D. Saikia, learned Standing counsel, Education Department appearing for the respondents.
Page No.# 4/7 This writ petition has been filed by the petitioners (total 12 petitioners in number) seeking direction from this court in respect of two Advertisements being Advertisement 'A' dated: 11.09.2020 issued by the Office of the Director of Elementary Education, Assam, Kahilipara, Guwahati calling for On-Line Applications from Permanent Residents of Assam who are Assam TET Passed conducted by Elementary Education Department, for filing up of 3941 (Three Thousand Nine Hundred Forty One) vacancies of Assistant Teacher of LP Schools and Assistant Teacher, Science Teacher of Upper Primary Schools under the Directorate of Elementary Education, Assam as well as Advertisement 'B' also dated: 11.09.2020 for filing up 1102 (One Thousand one Hundred two) vacancies of Hindi Teacher of Upper Primary Schools under the Directorate of Elementary Education, Assam. The last date for submission of the On-Line Application Forms in the Official Website of the Directorate of Elementary Education, Assam is upto the mid-night of 26.09.2020. The eligibility criteria for appointment of teachers in the vacancies are as per the criteria mentioned at Serial No.14 of the Advertisement.
The essential qualifications and experience include that the applicants must be Assam TET passed for L.P.S. (Lower Primary School) conducted by the Elementary Department, Assam.
The grievances of the petitioners are that they are duly qualified Central TET Passed Candidate ('C'-TET) conducted by the Central Board of Secondary Education. The validity of the eligibility certificates issued to the petitioners mentioned therein is for 7 (seven) years from the date of declaration of the result.
The learned Counsel for the petitioners submits that for the past several years the Government of Assam permitted 'C'-TET passed qualified candidates to apply and participate in various recruitment processes which were conducted by the Government of Assam for filing up various posts under the Education Department. The further submission of the learned counsel is that without any policy decision, the Government has whimsically deviated from the earlier mode and process of selection which had been followed since past several years. He submits if relevant Department records are called for by this Court, it will reveals that there was no policy decision taken by the Government of Assam to deviate from the Norms which were followed earlier by the Government/Department. It is the grievance of the petitioners that diverting from the earlier process for recruitment, the Government of Assam has now issued the two impugned Advertisements being Advertisement 'A' dated: 11.09.2020 Page No.# 5/7 and Advertisement 'B' dated: 11.09.2020, whereby only Assam TET passed candidates were permitted to apply. Consequently since only online application forms are to be submitted, unless all the criteria as provided are fulfilled by the applicant, the application form doesn't get uploaded in the website. Therefore, the petitioners are deprived of their legitimate rights and expectations to participate in the recruitment process scheduled to be undertaken by the Government of Assam pursuant to the Advertisements being Advertisement 'A' dated:
11.09.2020 and Advertisement 'B' dated: 11.09.2020. The learned counsel for the petitioners submits that since the last date for submission of application is 26.09.2020, as an interim measures the respondents be directed to permit the petitioners to participate in the recruitment process during the pendency of this writ petition.
Mr. D. Saikia, Senior Advocate and learned counsel representing the respondents strongly disputes the submissions made by the petitioners. Mr. Saikia submits that prima-facie the claims made by the petitioners are not tenable in view of the fact that it is the State Government of Assam who authorized to conduct the Assam TET and to lay down the procedures selection and appointment and which are in consonance with the guidelines issued by NCTE (National Council for Teachers Education) read with the provisions of RTE Act (Right of Children to Free ad Compulsory Education Act, 2009) in respect of recruitment of Teachers for Primary Schools across the State. Mr. Saikia drew the attention of the court to the Eligibility Certificates issued to the petitioners and refers to Clause 7 of the instructions mentioned therein. Mr. Saikia submits that under clause No.7 (iii) it is specified that 'C'-TET shall apply to the schools of the Central Government (KVS, NVS, Central Tibetan Schools, etc.) and Schools under the Administrative control of Union Territories of Chandigarh, Dadra and Nagar Haveli, Daman and Diu and Andaman and Nicobar Islands and NCT of Delhi as well as unaided private Schools, who may exercise the option of considering the 'C'-TET. In so far, the State Government is concerned the 'C'-TET eligibility can be considered by the State Government if it decides not to conduct the State TET examinations. Mr. Saikia submits that since the State Government has decided to conduct the State TET Examination in the past as well as date as 20.12.2019, there are sufficient numbers of qualified State TET candidates available to fulfill the requirement for the recruitment of L. P. School teachers across the State of Assam. Mr. Saikia also refers to the guidelines issued by the NCTE dated 11.02.2011 in support of his contentions also. He further submits that he may be permitted to file necessary Page No.# 6/7 affidavit and produce the relevant records if so required to support his contentions that there is indeed a policy decision taken by the State to initiate the recruitment process by way of the two Advertisements being Advertisement 'A' dated: 11.09.2020 and Advertisement 'B' dated:
11.09.2020. Mr. Saikia, however, submits that notwithstanding the decision the State is otherwise authorized and empowered under the Right to Education Act read with the various guidelines Circulars issued by NCTE to conduct the State TET and in the event of such examination being successfully conducted by the State, the candidates who have passed the Assam/State TET examinations will have to be given preference. As such there is no infirmity in such policy decision taken by the State.
Both the Learned Counsels have expressed urgency seeking early disposal of the matter.
Upon hearing the learned counsels for the parties and upon considering the urgency expressed, let Notices be issued making it Returnable on 30.09.2020.
In view of the issues involved, it is deemed necessary that the Central Board of Secondary Education as well as the NCTE be arrayed as party/respondents as well in the present proceedings. It is therefore directed that the Central Board of Secondary Education as well as the NCTE be arrayed as party/respondents. Since the State is represented by the Department Counsel, no formal Notice need to be issued to the respondents/Department. However, the learned counsel for the petitioners is permitted to serve sufficient extra copies of the writ petition on the Department Counsels assisting Mr. Saikia.
In view of the direction to implead CBSE, NCTE as party respondents and as it is informed at the Bar that they are represented by the respective Standing counsel, the learned counsel for the petitioners is also permitted to serve copy of this order along with extra copies of the writ petition enabling them to obtain the required instructions by the next returnable date.
Considering the matter in its entirety, it will be necessary to grant some interim order to the petitioners. It is directed that the petitioners be permitted to file their applications Off- Line and submit it in the Office of the Directorate of Elementary Education, Government of Assam (respondent no.3). In view of the fact that this court is seized of the matter and as the last date for online submission is upto 12 midnight on 26.09.2020, the writ petitioners are permitted to submit their Off-Line application Forms upto 4.00 p.m. of 28.09.2020 before the Page No.# 7/7 Authorities. In other words, the petitioners are permitted to submit their applications in physical form before the Office of the Directorate of Elementary Education.
The matter be listed again for further orders on the next returnable date. The effect of the Interim order passed shall continue till Monday i.e. 28.09.2020 till 4.00 p.m. It is assured by Mr. Saikia, learned Senior counsel that in the event, the writ petition is allowed, the candidature of the petitioners will be considered as per law on the basis of the Off-Line Application Forms submitted before the Authorities by virtue of this Order.
List accordingly.
JUDGE Comparing Assistant