Gauhati High Court
Munmee Deka vs The State Of Assam And Anr on 9 October, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/2
GAHC010135622020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3949/2020
1:MUNMEE DEKA
D/O- SRI MAHESWAR DEKA, R/O- N.L. TOWN, WARD NO. 14, P.O. AND P.S.-
NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR.
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION DEPTT., DISPUR, GHY- 6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY- 19
Advocate for the Petitioner : MS. R KALITA
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON' BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 09-10-2020 Heard Ms. R Kalita, learned counsel for the petitioner and Mr. B Kaushik, learned Standing counsel, Elementary Education Department, Assam for the respondent Nos. 1 and 2.
It is contended by the petitioner that she is a Master Degree holder in Botany, obtained her B.Ed. degree and has also qualified in the Central Teacher Eligibility Test (CTET) and as such, having the requisite qualification, she is eligible to participate in the selection process for the posts of Page No.# 2/2 Assistant Teacher in the Elementary Education Department of the State.
It is also contended by the petitioner that the Director of Elementary Education, Assam issued an advertisement under No. EAA/SIU/125/2020-40 on 11.09.2020 inviting applications from intending candidates for filling up of 3,941 numbers of posts of Assistant Teacher, Science Teacher, Assamese Language Teacher and Manipuri Language Teacher in the provincialised Lower Primary and the Upper Primary Schools of the State under the Directorate of Elementary Education, Assam. However, in the said advertisement, along with others, it is only the Assam Teacher Eligibility Test has been considered as the eligibility criteria excluding the qualification of CTET, which deprived her from participating in the said selection and hence, this writ petition.
It is seen that the petitioner has filed this writ petition on 28.09.2020. As per the said advertisement dated 11.09.2020 (Annexure-3 to this writ petition), the last date of filing of filled up application for such posts as advertised by the Director of Elementary Education, Assam, noted above, was the midnight of 26.09.2020. The petitioner has approached this Court after the cut-off date of filing of such filled up application.
It is to be noted herein that with regard to the said advertisement dated 11.09.2020, some other petitioners approached the Court filing their writ petitions, prior to the said cut-off date of 26.09.2020 and the Court, by passing orders allowed those petitioners to file their application in physical form/off line mode by 30.09.2020.
However, in the present case, the petitioner has approached the Court on 28.09.2020, after the said cutoff date, i.e., 26.09.2020. The Writ Court in exercise of its power under Article 226 of the Constitution of India cannot extend the last date of filing of such application beyond the cutoff date due to petitioners' belated approach.
In view of the above, this writ petition being devoid of merit stands dismissed.
JUDGE Comparing Assistant