Page No.# 1/39 vs The State Of Assam And Anr
2021 Latest Caselaw 3602 Gua

                                                                   Page No.# 1/39

GAHC010210742021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/6960/2021

         PURNIMA BORUAH AND 139 ORS
         W/O SRI DIPEN SAIKIA, R/O UDAYAN PATH, VIP ROD, BARBARI, P.O.-
         HENGRABARI, PIN-781036, DIST- KAMRUP(M), ASSAM

         2: MONOJ SAIKIA
          SON OF CHANDRA SAIKIA
         VILLAGE- MEKHELI GAON
         P.O.- BONGAON
          PIN-785110
         P.S.- MAJULI KAMALABARI
         DISTRICT- MAJULI
         ASSAM

         3: AKIB ALI
          SON OF WAHED ALI
         RESIDENT OF RANGIA TOWN
         WARD NO. 5
          PIN-781354
         P.O. AND P.S.- RANGIA
         DISTRICT- KAMRUP
         ASSAM

         4: SASHANGKA SAHARIA
          SON OF MAHESWAR SAHARIA
         VILLAGE- MAHALIAPARA
         P.O.- BURHINA GARH
         P.S.- SIPAJHAR
          PIN- 784147
         DISTRICT- DARRANG
         ASSAM

         5: GAGAN SAHARIA
          SON OF MINARAM SAHARIA
         VILLAGE- KACHARIPARA
                                 Page No.# 2/39

P.O.- CHENGA PATHER
P.S.- MANGALDAI
 PIN-784525
DISTRICT- DARRANG
ASSAM

6: JUHI ASMA ALOM
 DAUGHTER OF ALIMUDDIN AHMED
VILLAGE- SAHAN
 PIN-781354
P.O. AND P.S.- RANGIA
DISTRICT- KAMRUP
ASSAM

7: KHIRODA DAS
 DAUGHTER OF MRINAL KUMAR DAS
VILLAGE AND P.O.- CHINADI
P.S.- SARTHEBARI
 PIN- 781312
DISTRICT- BARPETA
ASSAM

8: SMT. SUBHAKSHI DUTTA
 WIFE OF DULEN KURMI
VILLAGE- 1 NO. KATHIA KHUNDA
SAPEKHATI
 PIN- 785705
P.O. AND P.S.- SONARI
DISTRICT- CHARAIDEO
ASSAM

9: ISMAIL HUSSAIN
 SON OF LATE KASHEM ALI
RESIDENT OF BAHADURTARY
WARD NO. 11
 PIN- 783301
P.O. AND P.S.- DHUBRI
DISTRICT- DHUBRI
ASSAM

10: PAPUMONI SAIKIA
 SON OF ATUL SAIKIA
VILLAGE- NA-PAMUA
P.O.- BARANGABARI
P.S.- BISWANATH
 PIN-784172
DISTRICT- BISWANATH
ASSAM
                                      Page No.# 3/39


11: TARU DEVI
 DAUGHTER OF SUBAL DEVNATH
VILLAGE AND P.O.- BALITARA
P.S.- GHOGRAPAR
DISTRICT- NALBARI
ASSAM

12: PADMAJA DEVI
 DAUGHTER OF LATE KHANGKIDHAR NATH
VILLAGE- BARAGIJHAR
P.O.- GARUKHUTI
P.S.- SIPAJHAR
 PIN- 784145
DISTRICT- DARRANG
ASSAM

13: MRS. JHARNA BARUAH SAIKIA
 WIFE OF CHANDRAMONI SAIKIA
VILLAGE- MILANPUR SAIKIA CHUBURI
P.O.- DIPOTA
 PIN- 784150
P.S.- TEZPUR
DISTRICT- SONITPUR
ASSAM

14: SMT. BHANITA DEVI
 WIFE OF DULUMONI SARMA
VILLAGE- MALIKUCHI
P.O. AND P.S.- NALBARI
PIN- 781335
DISTRICT- NALBARI
ASSAM

15: SMT. KARABI BHARALI
 DAUGHTER OF LATE GIRINDRA BHARALI
VILLAGE- DALUAH
P.O. AND P.S.- GHOGRAPAR
PIN- 781369
DISTRICT- NALBARI
ASSAM

16: SMT. ROONA DIHINGIA
 WIFE OF MONORANJAN SAIKIA
VILLAGE AND P.O.- DUBIA
P.S.- GOHPUR
 PIN- 784178
DISTRICT- BISWANATH
                                  Page No.# 4/39

ASSAM

17: SMT. RICHA BORGOHAIN
 WIFE OF AMIYO KUMAR GOGOI
VILLAGE- PITHAGHAT
P.O.- URIAMGHAT
P.S.- BORPATHER
 PIN- 785601
DISTRICT- GOLAGHAT
ASSAM

18: MAKSHIDA JAMAN ARA BEGUM
 DAUGHTER OF HASHIMUDDIN AHMED
VILLAGE- MANGALDAI GAON
(BAGHMARA PUKHURI)
P.O. AND P.S.- MANGALDAI
PIN- 784125
DISTRICT- DARRANG
 ASSAM

19: BIKASH KATAKI
 SON OF DIP KUMAR KATAKI
VILLAGE- BOLOMGURI
P.O.- HALEMGURI
P.S.- GOHPUR
 PIN- 784172
DISTRICT- SONITPUR
ASSAM

20: MOON KALITA
 SON OF MUNINDRA KALITA
VILLAGE- BARJHAR
P.O. AND P.S.- BARAMA
PIN- 781346
DISTRICT- NALBARI
ASSAM

21: RUPSHREE RONGSWAL
 DAUGHTER OF RANJIT RONGSWAL
VILLAGE- KACHARI PATHER
P.O.- NTPS
 PIN- 786622
P.S.- NAMRUP
DISTRICT- DIBRUGARH
ASSAM

22: NABANITA BISWAS
 DAUGHTER OF HARILAL BISWAS
                                  Page No.# 5/39

VILLAGE AND P.O.- PANIKHAITY
P.S.- CHHAYGAON
 PIN- 781137
DISTRICT- KAMRUP
ASSAM

23: POMPI RANI DEVI
 DAUGHTER OF TANU KUMAR NATH
VILLAGE- RAHA RAJA GAON
P.O. AND P.S.- RAHA
 PIN- 782103
DISTRICT- NAGAON
ASSAM

24: SUBHASH MIRDHA
 SON OF MOHAN MIRDHA
VILLAGE AND P.O.- BHANGAMANDIR
P.S.- DHEKIAJULI
 PIN- 784112
DISTRICT- SONITPUR
ASSAM

25: NITUMONI DOLEY
 DAUGHTER OF UDON CH. DOLEY
VILLAGE- KEMI
 P.O.- LEKU
P.S.- JONAI
 PIN- 787060
DISTRICT- DHEMAJI
ASSAM

26: ABDUR RAHMAN
 SON OF MD. TASIM UDDIN
VILLAGE- HAHCHARI
P.O.- KALATOLI
 PIN- 781136
P.S.- CHHAYGAON
DISTRICT- KAMRUP
ASSAM

27: DEBAJANI NATH
 DAUGHTER OF DHIREN NATH
VILLAGE- NA GAON GOSAIBARI
P.O.- RANGACHAHI NIKINIKHOWA
P.S.- JENGRAIMUKH
 PIN- 785104
DISTRICT- MAJULI
ASSAM
                                   Page No.# 6/39


28: DHYANJYOTI DAS
 SON OF GOBINDA CHANDRA DAS
RESIDENT OF WARD NO. 7
MANGALDAI
 SEUJEE PATH
P.O.- CHAPAI CHOWKA
P.S.- MANGALDAI
 PIN- 784529
DISTRICT- DARRANG
ASSAM

29: JIARUL HOQUE
 SON OF HAIDAR ALI
VILLAGE- DABALIA PARA
P.O. AND P.S.- HOWLY
PIN- 781316
DISTRICT- BARPETA
ASSAM

30: JUTIKA DEVI
 DAUGHTER OF BASISTHA NATH
VILLAGE- BARATI
P.O.- GHATUA
 PIN- 784149
P.S.- THELAMARA
DISTRICT- SONITPUR
ASSAM

31: MACHUM HAZARIKA
 DAUGHTER OF SARAT HAZARIKA
RESIDENT OF GAONBURHAPARA
WARD NO. 10
 PIN- 784125
P.O. AND P.S.- MANGALDAI
DISTRICT- DARRANG
ASSAM

32: NITISH NATH
 SON OF LATE NITAI CHANDRA NATH
VILLAGE- KALAHA BHANGA
WARD NO. 3
 PIN- 781315
P.O. AND P.S.- BARPETA ROAD
DISTRICT- BARPETA
ASSAM

33: BISWAJIT DEY
                                Page No.# 7/39

 SON OF NIRMAL DEY
VILLAGE- DAKHIN AMERI
P.O.- BORPANI
P.S.- KACHUA
 PIN- 782450
DISTRICT- NAGAON
ASSAM

34: BHASKAR BORAH
 SON OF GOBIN BORAH
VILLAGE- NEMUTENGANI NA-GAON
P.O.- NEMUTENGANI
P.S.- DHAKUAKHANA
 PIN- 787058
DISTRICT- LAKHIMPUR
ASSAM

35: ASHADUL ALOM
 SON OF LATE ABDUL GONI
VILLAGE- TORIPAM
P.O.-BHANGAMANDIR
P.S.- DHEKIAJULI
 PIN- 784112
DISTRICT- SONITPUR
ASSAM

36: KARTIK NATH
 SON OF BABURAM NATH
RESIDENT OF BARPETA ROAD
P.O. AND P.S.- BARPETA ROAD
PIN- 781315
DISTRICT- BARPETA
ASSAM

37: OMPRAKASH UPADHYAYA
 SON OF DILLIRAM UPADHYAYA
VILLAGE- 2ND BOKANALA
P.O.- BOGINADI
P.S.- LAKHIMPUR
 PIN- 787032
DISTRICT- LAKHIMPUR
ASSAM

38: TANIMA MECH
 DAUGHTER OF TOLON CH. MECH
VILLAGE- NOBIL PATHER
P.O.- NEPALI BASTI
P.S.- MISSAMARI
                                 Page No.# 8/39

PIN- 784506
DISTRICT- SONITPUR
ASSAM

39: RANA KUMAR SAHA
 SON OF RABINDRA NATH SAHA
VILLAGE AND P.O.- ALIKASH
P.S.- CHHAYGAON
 PIN- 781137
DISTRICT- KAMRUP
ASSAM

40: SADDAM HUSSAIN
 SON OF JOHAR ALI
VILLAGE- NO. 4 BHANDARA
P.O.- BHANDARA BAZAR
P.S.- MANIKPUR
 PIN- 783390
DISTRICT- BONGAIGAON
ASSAM

41: BISWAJIT KALITA
 SON OF KULA KALITA
VILLAGE- DAKHINPAT KUMAR GAON
P.O.- DAKHINPAT SATRA
P.S.- KAMALABARI
 PIN- 785102
DISTRICT- MAJULI
ASSAM

42: DHANJIT RAY
 SON OF PRODIP RAY
VILLAGE- JHAWBARI
 P.O.-NOWAGAON
P.S.- MANIKPUR
 PIN- 783392
DISTRICT- BONGAIGAON
ASSAM

43: SMT. SUDESHNA BHUYAN
 WIFE OF DEBASIS BORAH
VILLAGE- BORIGAON
P.O. AND P.S.- GOHPUR
PIN- 784168
DISTRICT- BISWANATH
ASSAM

44: KANIKA DEBNATH
                                        Page No.# 9/39

DAUGHTER OF SRI MONINDRA DEBNATH
VILLAGE AND P.O. AND P.S.- MOIRABARI
PIN- 782126
DISTRICT- MORIGAON
ASSAM

45: RIMJIM BORAH
 WIFE OF SRI RANA BORAH
VILLAGE- KASHARIGAON
P.O.- PURANIGUDAM
P.S.- SAMAGURI
 PIN- 782141
DISTRICT- NAGAON
ASSAM

46: DULAL BISWAS
 SON OF NARAYAN BISWAS
VILLAGE- CHAPLAI PART-2
P.O.- BAGDOBA
 PIN- 783123
P.S.- DHUPDHARA
DISTRICT- GOALPARA
ASSAM

47: SUBHASHIS DEY
 SON OF NEPAL CH. DEY
VILLAGE- NATABARI
 TAMARHAT
P.O. AND P.S.- TAMARHAT
 PIN- 783332
DISTRICT- DHUBRI
ASSAM

48: MOFIDA YESMIN
 DAUGHTER OF NURRUZ ZAMAN
VILLAGE AND P.O.- SONARIGAON
P.S.- DHING
 PIN- 782123
DISTRICT- NAGAON ASSAM

49: BANDITA GOWALA
 DAUGHTER OF LAKHI DHAR GOWALA
VILLAGE- NO. 2 DUBARANI
P.O. AND P.S.- BARPATHER
PIN- 785602
DISTRICT- GOLAGHAT
ASSAM
                               Page No.# 10/39

50: MUKSINA SIDDIQUE
 DAUGHTER OF MAHBUB ALOM
VILLAGE- RAMPUR PAM
P.O.- CHALAPATHER
P.S.- BATADRAVA
 PIN- 782122
DISTRICT- NAGAON
ASSAM

51: MUNMI BORA
 DAUGHTER OF GOLAP BORA
VILLAGE- KANANADI
P.O.- PATHALIPAM
P.S.- BOGINADI
 PIN- 787056
DISTRICT- LAKHIMPUR
ASSAM

52: MD. ANARUL ISLAM
 SON OF MD. AMIR HUSSAIN
VILLAGE- NO. 2 SONAPUR
P.O.- SONAPUR
P.S.- BIHPURIA
 PIN- 787054
DISTRICT- LAKHIMPUR
ASSAM

53: RABIN CHOUDHURY
 SON OF TANKESWAR CHOUDHURY
VILLAGE- ATHARA
 RANGIA
P.O. AND P.S.- RANGIA
PIN- 781380
DISTRICT- KAMRUP
ASSAM

54: JAGADISH MAZUMDAR
 SON OF KARUNA MAZUMDAR
VILLAGE- HAROPARA
P.O.- JHAROBARI
 PIN- 781122
P.S.- PALASHBARI
DISTRICT- KAMRUP
ASSAM

55: TULANJIT BORAH
 SON OF PRADIP BORAH
VILLAGE AND P.O.- SHALMARI
                                   Page No.# 11/39

P.S.- DHEMAJI
 PIN- 787026
DISTRICT- DHEMAJI
ASSAM

56: LALIT NEOG
 SON OF AJIT NEOG
VILLAGE AND P.O.- ATHABARI
P.S.- GOLAGHAT
 PIN- 785625
DISTRICT- GOLAGHAT
ASSAM

57: MD. MONER UDDIN
 SON OF MD. NOUSHAD ALI SK.
VILLAGE- GHAGER ALGA PART-1
P.O.- GERAMARI
P.S.- GAURIPUR
 PIN- 783339
DISTRICT- DHUBRI
ASSAM

58: BRAJEN BARMAN
 SON OF LATE AJAY BARMAN
VILLAGE- NO. 2 DOULASAL
P.O.- DOULASAL
 PIN- 781312
P.S.- MUKALMUA
DISTRICT- NALBARI
ASSAM

59: MANASH JYOTI BORBORUAH
 SON OF MONESWAR BORBORUAH
VILLAGE- BADULIPAR NO. 10 GRANT
P.O.- BADULIPAR
P.S.- DERGAON
 PIN- 785611
DISTRICT- GOLAGHAT
ASSAM

60: AMAR KRISHNA BORUAH
 SON OF DONDESWAR BORUAH
VILLAGE- JOGDUAR NOPOMUA GAON
P.O. AND P.S.- TEOK
 PIN- 785112
DISTRICT- JORHAT
ASSAM
                                  Page No.# 12/39

61: KUKIL KANTHA HAZARIKA
 SON OF BISTU RAM HAZARIKA
VILLAGE AND P.O.- SANDAHKHOWA
P.S.- BIHPURIA
 PIN- 787054
DISTRICT- LAKHIMPUR
ASSAM

62: NABAJIT HAZARIKA
 SON OF TARUN HAZARIKA
VILLAGE- CHUNGAPARA
P.O. AND P.S.- PANIGAON
 PIN- 787052
DISTRICT- LAKHIMPUR
ASSAM

63: PRONAMIKA SAIKIA
 DAUGHTER OF NOREN SAIKIA
VILLAGE- BALIGAON
P.O.- SRI RAM BANAMALI
P.S.- MAJULI
 PIN- 785105
DISTRICT- MAJULI
ASSAM

64: MRS. MIRA DAS
 WIFE OF SRI DHRUBJYOTI BHUYAN
VILLAGE AND P.O.- BARHAMPUR
P.S.- BARHAMPUR
 PIN- 782102
DISTRICT- NAGAON
ASSAM

65: JUGAL DUTTA
 SON OF INDRESWAR DUTTA
VILLAGE- NARAGAON
P.O.- NARAGAON
 PIN- 787052
P.S.- LAKHIMPUR
DISTRICT- LAKHIMPUR
ASSAM

66: AMINUR RAHMAN
 SON OF QUADIR ANSARI
VILLAGE- ALOMGANJ PART-2
P.O.- ALOMGANJ
P.S.- GAURIPUR
 PIN- 783339
                                      Page No.# 13/39

DISTRICT- DHUBRI
ASSAM

67: JAHNABI BORKAKATI
 WIFE OF PRANJAL SAIKIA
VILLAGE- KOCHARIGAON
P.O. AND P.S.- SOOTEA
PIN- 784175
DISTRICT- BISWANATH
ASSAM

68: MRINMOY KALITA
 SON OF TARUN KALITA
VILLAGE- DHELACHAR
P.O.- PANERY
 PIN- 781123
DISTRICT- KAMRUP
ASSAM

69: PRATISHA KAKATI
 DAUGHTER OF BASANTA KAKATI
VILLAGE- PUKHURIPARA
P.O. AND P.S.- NAGARBERA
PIN- 781126
DISTRICT- KAMRUP
ASSAM

70: KHONIN GOGOI
 SON OF KHOGESWAR GOGOI
VILLAGE- BURALIKSON
P.O.- KATHALGURI
 PIN- 785022
DISTRICT- GOLAGHAT
ASSAM

71: MRS. RAJITA SAIKIA
WIFE OF GAURI SANKAR BORAH
VILLAGE AND P.O.- MIKIR BORAH CHUK
PIN- 784178
DISTRICT- BISWANATH
ASSAM

72: DIPANKAR DAS
 SON OF DULAL CHANDRA DAS
VILLAGE- MALIBARI SATRA
P.O.- MALIBARI BAZAR
P.S.- BOKO
 PIN- 781136
                                    Page No.# 14/39

DISTRICT- KAMRUP
ASSAM

73: PALLAB JYOTI BORA
 SON OF LATE RITUMONI BORA
VILLAGE- SINGIA MAJGAON
P.O.- SINGIA
 PIN- 782140
P.S.- SAMAGURI
DISTRICT- NAGAON
ASSAM

74: SANGITA BORA
 DAUGHTER OF BABUL BORA
VILLAGE- DHING CHARIALI
P.O. AND P.S.- DHING
PIN- 782123
DISTRICT- NAGAON
ASSAM

75: SUMI BORAH
 WIFE OF DHANTI BHAGAWATI
VILLAGE- BOR PATHORI GHURIA GAON
P.O.- UPPER UZARA
 PIN- 782101
P.S.- NAGAON SADAR
DISTRICT- NAGAON
ASSAM

76: GAUTOMI KONWAR
 DAUGHTER OF LALIT KONWAR
VILLAGE- TEOK CHAODANG
P.O. AND P.S.- TEOK
PIN- 785112
DISTRICT- JORHAT
ASSAM

77: SHIKHA MONI BORA
 DAUGHTER OF GAURI BORA
VILLAGE- NIZ DHING
P.O. AND P.S.- DHING
 PIN- 782123
DISTRICT- NAGAON
ASSAM

78: HAFIZUR RAHMAN
 SON OF ABDUL GOFUR
VILLAGE AND P.O.- KALGACHIA
                                Page No.# 15/39

P.S.- KALGACHIA
 PIN- 781319
DISTRICT- BARPETA
ASSAM

79: ATUL GOHAIN
 SON OF PURANDAR GOHAIN
VILLAGE- MUDOIBIL
P.O.- KUHIARBARI
 PIN- 787052
DISTRICT- LAKHIMPUR
ASSAM

80: HEMANTA SARMA
 SON OF BIREN SARMA
VILLAGE AND P.O.- BARUAJANI
P.S.- KAMALPUR
 PIN- 781380
DISTRICT- KAMRUP
ASSAM

81: BEAUTI SAIKIA
 DAUGHTER OF SIBA SAIKIA
VILLAGE AND P.O.- JAP JUP
P.S.- BIHPURIA
 PIN- 784162
DISTRICT- LAKHIMPUR
ASSAM

82: BABUL HUSSAIN
 SON OF RAMJAN ALI
VILLAGE AND P.O.- MERUATTARY
P.S.- MUKALMUA
 PIN- 781126
DISTRICT- NALBARI
ASSAM

83: MONJIT SAIKIA
 SON OFJADAB SAIKIA
VILLAGE- GOSAI PUKHURI
P.O.- ADIALENGI
P.S.- BIHPURIA
 PIN- 787054
DISTRICT- LAKHIMPUR
ASSAM

84: MANDIRA SARMAH
 DAUGHTER OF THANURAM SARMAH
                                    Page No.# 16/39

VILLAGE- MILANPUR
P.O.- BORGANG
 PIN- 784184
DISTRICT- SONITPUR
ASSAM

85: DIPAK KOIRALA
 SON OF LEKHNATH KOIRALA
VILLAGE- SINGARI BANGALI GAON
P.O. AND P.S.- DHEKIAJULI
PIN- 784110
DISTRICT- SONITPUR
ASSAM

86: RAJDEEP HAZARIKA
 SON OF LATE KRISHNA HAZARIKA
VILLAGE- GOSAIPATHER NO. 2
P.O. AND P.S.- BIHPURIA
 PIN- 784161
DISTRICT- LAKHIMPUR
ASSAM

87: PINKI BHATTACHARYYA
 DAUGHTER OF ROBIN BHATTACHARYYA
VILLAGE- GOPALPUR NEBARBASTI
P.O. AND P.S.- JAMUGURIHAT
PIN- 784180
DISTRICT- SONITPUR
ASSAM

88: BARNALI TALUKDAR
 DAUGHTER OF RAMANI TALUKDAR
VILLAGE AND P.O.- CHANDA
P.S.- MUKALMUA
 PIN- 781126
DISTRICT- NALBARI
ASSAM

89: FRANCIS BORUAH
 SON OF JAGAT BORUAH
VILLAGE AND P.O.- HOLOGURI
P.S.- NEMUGURI
 PIN- 785673
DISTRICT- SIVASAGAR
ASSAM

90: SARAT TAMULI
 SON OF UPEN TAMULI
                               Page No.# 17/39

VILLAGE- LECHHAI CHAMANI
P.O.- NARAGAON
PIN- 787052
DISTRICT- LAKHIMPUR
ASSAM

91: HEM CHANDRA TAMULI
 SON OF KESHAB TAMULI
VILLAGE- LECHAI GAON
P.O.- NARAGAON
 PIN- 787052
DISTRICT- LAKHIMPUR
ASSAM

92: SIKHAMONI DUTTA
 DAUGHTER OF RAJEN DUTTA
VILLAGE- LUKUMAI GAON
P.O.- HALODHIBARI
P.S.- DERGAON
 PIN- 785618
DISTRICT- GOLAGHAT
ASSAM

93: MONSUMI BORA
 WIFE OF SUSANTA BORA
VILLAGE- MALUA HABI GAON
P.O.- MALUA HABI
 PIN- 785622
DISTRICT- GOLAGHAT
ASSAM

94: PORASHMONI PUJARI
 SON OF LATE HITNATH PUJARI
VILLAGE AND P.O.- KENDUGURI
P.S.- BIHPURIA
 PIN- 784161
DISTRICT- LAKHIMPUR
ASSAM

95: KANAK PHUKAN
 SON OF HAREN PHUKAN
VILLAGE- TAIRAI GAON
P.O.- CHATIONAGURI
P.S.- SAPEKHATI
 PIN- 785692
DISTRICT- CHARAIDEO
ASSAM
                                 Page No.# 18/39

96: SHAHAJUR RAHAMAN
 SON OF HABIBAR RAHAMAN
VILLAGE- KASHIARTARI
P.O.- CHIRAKUTI
 PIN- 783330
P.S.- FAKIRGANJ
DISTRICT- DHUBRI
ASSAM

97: PARTHAJYOTI KALITA
 SON OF JOGEN KALITA
VILLAGE- GOJALI BANGALI GAON
P.O.- RAJMAI
 PIN- 785672
DISTRICT- SIVASAGAR
ASSAM

98: ARUP BORAH
 SON OF LATE RUPAM BORAH
VILLAGE AND P.O.- AKHOIPHUTIA
P.S.- SIVASAGAR
 PIN- 785697
DISTRICT- SIVASAGAR
ASSAM

99: MUHIDHAR BORA
 SON OF SRI SUBAL BORA
VILLAGE- NO. 1 NABAJYOTI GAON
P.O.- GOMARIGURI
PIN- 785705
DISTRICT- GOLAGHAT
ASSAM

100: SHAHID ANUWAR
 SON OF SAMSUL HAQUE
VILLAGE AND P.O.- SAHARIAGAON
P.S.- MOIRABARI
 PIN- 782126
DISTRICT- MORIGAON
ASSAM

101: JITEN BORA
 SON OF BHUBAN BORA
VILLAGE- GHILADHARI CHUK
P.O.- SAPEKHATI
P.S.- MERAPANI PIN- 785705
DISTRICT- GOLAGHAT
ASSAM
                                   Page No.# 19/39


102: MISS BANASHREE BORA
 DAUGHTER OF TILAK CHANDRA BORA
VILLAGE- SIALEKHATI GAON
P.O.- KACHARIHAT
P.S.- GOLAGHAT
 PIN- 785702
DISTRICT- GOLAGHAT
ASSAM

103: BISHNU BORUAH
 SON OF KAN NATH SUT
VILLAGE- GHAHI GAON
P.O. AND P.S.- DHAKUAKHANA
PIN- 787055
DISTRICT- LAKHIMPUR
ASSAM

104: BIPUL SARMA
 SON OF DINESH SARMA
VILLAGE- KUSUMPUR
P.O.- HINGULEE
P.S.- KAMALPUR
 PIN- 781380
DISTRICT- KAMRUP
ASSAM

105: JONALI BORAH
 WIFE OF BIDYUT JYOTI BARUAH
VILLAGE- TELIA BEBEJIA
P.O.- JURIA
 PIN- 782124
DISTRICT- NAGAON
ASSAM

106: TAFAJUL ALI BHUYAN
 SON OF CHAND MIAH
VILLAGE AND P.O.- ROWMARI
P.S.- DHING
 PIN- 782123
DISTRICT- NAGAON
ASSAM

107: DIMPAL CHUTIA
 SON OF TIRTHA NATH CHUTIA
VILLAGE- MAJGAON
P.O.- MORNOI BEBEJIA
P.S.- GHILAMARA
                                      Page No.# 20/39

PIN- 787055
DISTRICT- LAKHIMPUR
ASSAM

108: ANAYAT ULLAH
 SON OF ISAHAQUE ALI
VILLAGE AND P.O.- GEHUA CHAL CHALI
P.S.- RUPAHI HAT
 PIN- 782124
DISTRICT- NAGAON
ASSAM

109: SAHIDA KHATUN
 DAUGHTER OF SAHIDUR RAHMAN
VILLAGE- JHAPUSABARI PART-1
P.O.- JHAPUSABARI
P.S.- AGOMONI
 PIN- 783335
DISTRICT- DHUBRI
ASSAM

110: TINKU DAS
 SON OF DILIP KUMAR DAS
VILLAGE- GITANAGAR
 WARD NO. 3
P.O. AND P.S.- MORIGAON
PIN- 782105
DISTRICT- MORIGAON
ASSAM

111: JIYA SARKAR
 DAUGHTER OF UZZAL KANTA SARKAR
VILLAGE- MANASHPUR
WARD NO. 10
 BARPETA ROAD
P.O.- BARPETA
 PIN- 781315
DISTRICT- BARPETA
ASSAM

112: NEHA SAHU
 DAUGHTER OF RAM CHANDRA SAHU
VILLAGE- BANSHIDHAR ROAD
P.O. AND P.S.- TINSUKIA
PIN- 786125
DISTRICT- TINSUKIA
ASSAM
                                    Page No.# 21/39

113: SILPI SIKHA NEOG
 DAUGHTER OF LAKHI NEOG
VILLAGE- BRAHMIN GAON
P.O.- BIHPURIA
 PIN- 784161
P.S.- NORTH LAKNIMPUR
DISTRICT- LAKHIMPUR
ASSAM

114: PALASH SAIKIA
 SON OF LOKNATH SAIKIA
VILLAGE AND P.O.- KHATOR PATHER
PIN- 784169
DISTRICT- BISWANATH
ASSAM

115: MD. AYNAL HOQUE
 SON OF SHAHAJAHAN ALI
VILLAGE- TETLIRTAL
P.O.- BARPALLY
P.S.- BARPETA
 PIN- 781314
DISTRICT- BARPETA
ASSAM

116: GUNAJIT KALITA
 VILLAGE- KAWAIMARY BLOCK NO. 12
P.O.- GOLIBANDHA
P.S.- SARTHEBARI
 PIN- 781375
DISTRICT- BARPETA
ASSAM

117: SABINA YASMIN
 WIFE OF MOFIDUL ISLAM
VILLAGE- JAMUGURI
P.O.- HATIJUJUA
P.S.- JURIA
 PIN- 782122
DISTRICT- NAGAON
ASSAM

118: DEEP KUMAR NATH
 SON OF LATE MADAN CHANDRA NATH
VILLAGE- UPPER DOOMDOOMIA SATRA
P.O.- BALISATRA
 PIN- 782122
P.S.- BATADRABA
                                    Page No.# 22/39

DISTRICT- NAGAON
ASSAM

119: GHANASHYAM NEOG
 SON OF KHANGIRAM NEOG
VILLAGE- RAWANA GAON
P.O.- TATAYA
 PIN- 785106
DISTRICT- JORHAT
ASSAM

120: HEMANTA BORAH
 SON OF BHARAT BORAH
VILLAGE- KATHALGURI
P.O.- PATHALIPAM
P.S.- BOGINADI
 PIN- 787056
DISTRICT- LAKHIMPUR
ASSAM

121: KAMAL SARMAH
 SON OF KRISHNALAL SARMAH
VILLAGE- HAKAMA
P.O.- PANPUR
 PIN- 784180
P.S.- JAMUGURIHAT
DISTRICT- NAGAON
ASSAM

122: SANGITA KALITA HAZARIKA
 WIFE OF PRODIP HAZARIKA
VILLAGE- CHENGAMARI
P.O.- KUHIARBARI
P.S.- PANIGAON
 PIN- 787052
DISTRICT- LAKHIMPUR
ASSAM

123: PRAKASH SARKAR
 SON OF JOY KUMAR SARKAR
VILLAGE- BHARAGURI
P.O.- PODUMONI
PIN- 782140
DISTRICT- NAGAON
ASSAM

124: HIMI BORAH
 DAUGHTER OF MANIK CHANDRA BORAH
                                 Page No.# 23/39

VILLAGE- MAJARATI
P.O.- TETELISARA
P.S.- KAMPUR
 PIN- 782426
DISTRICT- NAGAON
ASSAM

125: MAHANANDA BORA
 SON OF LATE LAKH KANTA BORA
VILLAGE- DHING GAON
P.O. AND P.S.- DHING
PIN- 782123
DISTRICT- NAGAON
ASSAM

126: GANGA SARMA
 SON OF UDAY NARAYAN SARMA
VILLAGE- DANGIBIL
P.O. AND P.S.- BIHPURIA
PIN- 784161
DISTRICT- LAKHIMPUR
ASSAM

127: ENAMUL HASAN TALUKDER
 SON OF FAKHAR UDDIN TALUKDER
VILLAGE- JUGIJAN
P.O.- JUNGLE BLOCK
 PIN- 782428
P.S.- JAMUNAMUKH
DISTRICT- HOJAI
ASSAM

128: SIMAKSHI BORA
 WIFE OF NIRU BORAH
VILLAGE AND P.O.- SINGIA
P.S.- SAMAGURI
 PIN- 782140
DISTRICT- NAGAON
ASSAM

129: SUKANYA BORA
 WIFE OF DEEP MONI BORA
VILLAGE AND P.O.- URIYAGAON
P.S.- NAGAON
 PIN- 782001
DISTRICT- NAGAON
ASSAM
                                      Page No.# 24/39

130: KESHABANANDA NATH
 SON OF TAJENDRA CHANDRA NATH
VILLAGE- CHINABARI
P.O. AND P.S.- BAGUAN
 PIN- 783129
DISTRICT- GOALPARA
ASSAM

131: DIPANJALI KALITA
 DAUGHTER OF LATE MADAN CH. KALITA
VILLAGE AND P.O.- SUALKUCHI
P.S.- SUALKUCHI
 PIN- 781103
DISTRICT- KAMRUP
ASSAM

132: PANKAJ BORUAH
 SON OF KIRTI BORUAH
VILLAGE AND P.O.- KOWPATANI
P.S.- GOGAMUKH
 PIN- 787034
DISTRICT- DHEMAJI
ASSAM

133: MOHAMMOD ZAKIR HUSSAIN
 SON OF MD. ABDUL LATIB
VILLAGE- HATIKHALI
P.O. AND P.S.- MURAJHAR
 PIN- 782439
DISTRICT- HOJAI
ASSAM

134: SAMIM UDDIN LASKAR
 SON OF NUR AHMED LASKAR
VILLAGE- JUGIJAN
P.O.- JUNGLE BLOCK
 PIN- 782428
P.S.- JAMUNAMUKH
DISTRICT- HOJAI
ASSAM

135: MUKESH TAID
 SON OF BARUN TAID
VILLAGE- BALIJAN
P.O.- PATHALIPAM
P.S.- BOGINADI
 PIN- 787056
DISTRICT- LAKHIMPUR
                                  Page No.# 25/39

ASSAM

136: RAKESH BORUAH
 SON OF NARAYAN BORUAH
VILLAGE- GHAGAR NAGAR
P.O.- PATHALIPAM
P.S.- BOGINADI
 PIN- 787056
DISTRICT- LAKHIMPUR
ASSAM

137: SWAPNA BAIDYA
 DAUGHTER OF BHABIRAM BAIDYA
VILLAGE- ADHAKHANA KAMALABARIA
P.S.- BIHPURIA
 PIN- 784161
DISTRICT- LAKHIMPUR
ASSAM

138: ALPANA DUTTA
 DAUGHTER OF RUPESWAR DUTTA
VILLAGE- JARITUP
P.O.- AZAD
 PIN- 787031
P.S.- LAKHIMPUR
DISTRICT- LAKHIMPUR
ASSAM

139: UTPALA MORAL
 WIFE OF JOGESH MORAL
VILLAGE- SARBHOG TOWN
WARD NO. 4
 PIN- 781317
P.O. AND P.S.- SARBHOG
DISTRICT- BARPETA
ASSAM

140: RATUL DAS
 SON OF SANJIBAN DAS
VILLAGE- KHUTABARI PART-3
P.O.- BAGDOBA
 PIN- 783123
DISTRICT- GOALPARA
ASSA

VERSUS

THE STATE OF ASSAM AND ANR
                                                                         Page No.# 26/39

             THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
             OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR,
             GUWAHATI-6

             2:THE DIRECTOR OF ELEMENTARY EDUCATION
             ASSAM
              KAHILIPARA
              GUWAHATI-1

Advocate for the Petitioner   : MR K K MAHANTA (Sr. Advocate)

Advocate for the Respondent : SC, ELEM. EDU




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

23.12.2021

Heard Mr. K.K. Mahanta, learned senior counsel, assisted by Mr. M.H. Ansari, learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Advocate General for the State, assisted by Mr. B. Kaushik, learned standing counsel for the Elementary Education Department.

2) In this writ petition, 140 petitioners have joined together to file this writ petition under Article 226 of the Constitution of India, and by projecting a common cause of action, have prayed for setting aside and quashing (i) the advertisement dated 18.09.2021 (Annexure-6) so far as it relates to the eligibility of candidates who will appear and pass Assam Teacher Eligibility Test (TET) examination conducted in the month of October, 2021, and (ii) the notice dated 25.10.2021 (Annexure-7).

3)                 Issue notice returnable on 21.01.2022.
                                                                         Page No.# 27/39



4)                The learned counsel for the petitioners shall serve requisite

extra copies of the writ petition to the learned departmental counsel within 5 (five) days.

5) Heard both sides on the prayer for interim relief, whereby prayer has been made to stay the impugned advertisement dated 18.09.2021 (Annexure-6) as well as the impugned notice dated 25.10.2021 (Annexure-7).

6) As both sides had advanced lengthy submissions, it is deemed appropriate that the facts and submissions relevant for deciding the prayer for interim relief be adverted to herein.

7) A newspaper advertisement dated 18.09.2021 was issued by the Director of Elementary Education, Assam (respondent no.2), by which applications were invited from citizens who would fulfill the eligibility criteria for filling up vacant 7242 posts of Assistant Teachers in Lower Primary ("LP" for short) Schools and 2112 posts in Upper Primary ("UP" for short) Schools in Assam. The petitioners have projected that they are Assam- TET qualified aspirants for the said posts.

8) The learned senior counsel for the petitioners has submitted that after the enactment of the Right of Children to Free and Compulsory Education Act, 2009 (herein after referred to as the "RTE Act, 2009" for short) it was statutorily required that the teachers should not only possess the requisite Page No.# 28/39

educational qualification, but the teachers should also possess the essential qualification of having cleared TET. It was envisaged that a teacher having TET qualification would get the aptitude and ability to meet the emerging challenges of teaching at Lower Primary (LP for short) and Upper Primary (UP for short) levels, which was with a purpose that the quality of teachers should not be diluted in any manner. It is further submitted that the provisions of Section 3(1) of the Assam Elementary Education (Provincialisation) Act, 1977 requires that recruitment of teachers should me initiated in the month of January each year and that it was also envisaged that TET would be conducted every year. In the said context, it is submitted that had the recruitment process been initiated every year, all the candidates passing out TET from year to year would get an opportunity to apply for teaching job on the very year after clearing TET. In this context, it is submitted that the State had conducted TET in the year 2012. Thereafter, TET was conducted in the year 2019. Thereafter, the last TET was conducted in October, 2021 and the result was declared on 22.12.2021. Accordingly, it is submitted that while the State did not undertake timely employment process till the impugned advertisement was issued on 18.09.2021.

9) It has been submitted that as per the advertisement, the candidates who were yet to qualify were also given a chance to compete with the petitioners, notwithstanding that the petitioners had acquired their respective TET qualification much prior to those persons who were yet to acquire qualification. It is also submitted that by virtue of the impugned condition of the advertisement, which allows a category of candidates who are yet to acquire qualification to apply for posts of Assistant Teachers has adversely diminished the scope of the petitioners for securing themselves a job as Page No.# 29/39

Assistant Teacher in UP and LP School.

10) It is further submitted that the petitioners are highly aggrieved and prejudiced by that part of the impugned recruitment advertisement wherein two dates has been provided to apply, viz., (i) for those candidates who have already qualified in TET, the last date to apply was between midnight of 27.09.2021 to midnight of 27.10.2021; and (ii) for candidates who would qualify in the TET conducted in the month of October, 2021, the last date to apply was from the date of declaration of result to the midnight of 31.12.2021. In this regard, it is submitted that in an earlier writ petition, the State had taken a stand that more than 50,000 (fifty thousand) TET qualified candidates were available in the State, as such, the action of the State to make way to appoint candidates who are yet to acquire qualification instead of giving opportunity to the already qualified TET candidates to get employment as Assistant Teachers, if allowed, would enlarge the participation and would be very unfair and highly prejudicial to the petitioners who are otherwise qualified. It is also submitted that the State has committed hostile discrimination against the petitioners.

11) The learned senior counsel for the petitioners has submitted that the advertisement dated 18.09.2021 did not contain any reason why two dates of applying was given. Moreover, it is submitted that the petitioners had submitted representation and had asked for information regarding disclosure of administrative decision taken and/or reason assigned by the State to allow those candidates who had not acquired qualification as on 18.09.2021, i.e. the date of advertisement was not responded to. It is submitted that now vide the impugned notice dated 25.10.2021, the last date of application for already Page No.# 30/39

qualified candidates has been extended from 27.10.2021 till mid-night of 31.12.2021. Accordingly, it is submitted that administrative actions which is whimsical and without assigning reasons are hit by the test of Article 14 of the Constitution of India. In support of his submissions, the learned senior counsel has relied on the following cases, viz., (i) Charanjit Lal Chowdhury v. The Union of India & Ors., AIR 1951 SC 41 (para 8 & 18) , (ii) Kailash Chand Sharma v. State of Rajasthan & Ors., (2002) 6 SCC 562 (para-11) .

12) Per contra, the learned Advocate General for the State has opposed the prayer for any interim relief. It is submitted that it was submitted by the learned senior counsel for the petitioners that already about 50,000 TET qualified candidates were available. It was also submitted that that as per the present recruitment scheme, there would be no written examination or viva- voce test, but marks would be allotted on the basis of marks given on specified criteria, which is contained in para-25 of the advertisement dated 18.09.2021 relating to selection process. Under such circumstances, it is submitted that the cross verification of voluminous application forms and documents uploaded on the web portal is time consuming process. Accordingly, it is submitted that a conscious decision was taken by the Director of Elementary Education to provide two dates for submission of application forms, which would enable the respondent authorities to comfortably scrutinize the applications submitted in the first round. Thus, it was envisaged that the fresh TET qualified candidates be given a separate date for the newly TET qualified persons to submit their forms.

13) It is also submitted that the State as a model employer, cannot Page No.# 31/39

be said to have discriminated against its citizens merely because opportunity is given to wider section of persons to apply for the job. In this regard, it is submitted that the State Government is aware that timely TET could not be held. It is submitted that the last TET was conducted on 11.03.2018, and the process of appointment had culminated in the month of December, 2019. However, due to Covid-19 pandemic protocols in force, the Government could not conduct TET examination. It is submitted that after the newly elected Government had come to power, the Government had announced its target to give employment to at least one lakh people. Therefore, vide advertisement dated 14.09.2021, TET examinations were announced. This was followed by employment advertisement dated 18.09.2021 and it was envisaged that the results would be declared in time bound manner and therefore, decision was taken to allow the fresh TET qualified candidates to apply for appointment to the posts of Assistant Teachers in LP and UP Schools.

14) It is submitted that it is a well settled proposition of law that a prospective candidate offering his candidature for selection and appointment must have the requisite qualification on the last date of application and not on the date of advertisement. In this regard, reliance is placed on the case of Rekha Chaturvedi v. University of Rajasthan & Ors., (1993) Supp (3) SCC 168 (para-4 & 5).

15) Considered the materials available on record as well as the submissions made at the Bar. Also perused the cases cited by the learned senior counsel for the petitioners as well as the learned Advocate General for the respondents.

Page No.# 32/39

Point No. 1: Two last dates of applying:

16) One of the points argued by the learned senior counsel for the petitioners is that the two last dates for applying, i.e. 27.10.2021 for TET qualified candidates and for those persons who would acquire TET qualification after 27.10.2021, to prescribe the last date for applying as 31.12.2021 was arbitrary and discriminatory and thus would not stand the test of Article 14 of the Constitution of India. In this regard, to buttress his submissions, the learned senior counsel for the petitioners has strongly relied on para-8 and 18 of the case of Charanjit Lal Chowdhury (supra). In the present case it is seen that the action of the state, which is alleged to be discriminatory and violative of Article 14 of the Constitution of India is a mere advertisement inviting applications to fill up the vacant posts of Assistant Teachers in LP and UP Schools. There is no material to show that any substantive right of the petitioners has been diluted by the said advertisement. There is no record of any promise made by the State that a person clearing TET would get guaranteed employment within a certain time frame. Moreover, there is nothing on record to show that the State Government had made it known to the already TET qualified candidates including the petitioners that unless they all get the jobs, the job prospects of those candidates who would qualify at a later point of time would be postponed. Therefore, when the right of the petitioners to apply for the post has not been taken away, or in any way curtailed, the action of the State in fixing another date for those candidates who would acquire TET qualification before the last date of application cannot be said to be discriminatory, arbitrary, mala fide, or one which shocks the conscience of the Court. One has a right to be considered for employment, but the petitioners have not been able to demonstrate any Page No.# 33/39

indefeasible right to be the only ones to apply in exclusion of others.

17) In the cited case of Charanjit Lal Chowdhury (supra), one shareholder, who was holding only 1 (one) share of Rs.1,000/- had challenged the legality and validity of the Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950. The writ petition was dismissed by negating the challenge made regarding infringement of Article 14 of the Constitution of India. Para- 18 of the said judgment, relied upon by the learned senior counsel for the petitioners is quoted below:-

"18. Article 14 of the Constitution, as already stated, lays dawn an important fundamental right, which should be closely and vigilantly guarded, but, in construing it, we should not adopt a doctrinaire approach which might choke all beneficial legislation."

18) In the cited case of Kailash Chand Sharma (supra), the granting of bonus marks to residents of concerned districts was put to challenge and the said action was put to the test of Article 14 and 16 of the Constitution of India. Therefore, on facts of the present case in hand, the ratio laid down in the said case, which is not under quarrel and is a well settled position of law, has no application. Para-11 thereof, which has been relied upon by the learned senior counsel for the petitioners is reproduced below:-

"The first and foremost question that would arise for consideration in this group of appeals is, whether the circular dated 10.6.1998 providing for bonus marks for residents of the concerned district and the rural areas within that district is constitutionally valid tested on the touch stone of Article 16 read with Article 14 of the Constitution? It is on this aspect, learned senior counsel appearing for the candidates concerned have argued at length with admirable clarity, making Page No.# 34/39

copious reference to several pronouncements of this Court. There can be little doubt that the impugned circular is the product of the policy decision taken by the state government Even then, as rightly pointed out by the High Court, such decision has to pass the test of Articles 14 and 16 of the Constitution. If the policy decision, which in the present case has the undoubted effect of deviating from the normal and salutary rule of selection based on merit is subversive of the doctrine of equality, it cannot sustain. It should be free from the vice of arbitrariness and conform to the well-settled norms - both positive and negative underlying Articles 14 and 16, which together with Article 15 form part of the Constitutional code of equality."

19) In light of above quoted para-11 of the case of Kailash Chand Sharma, the Court is constrained to observe that contrary to what has been urged by the learned senior counsel for the petitioners, if some persons who have acquired qualification before the last date are not permitted to apply, such action of the State could have been assailed on the ground of being discriminatory by applying the said cited case. Therefore, the said cited case does not appear to help the petitioners in any manner.

20) It may be reiterated that as per the submissions made by the learned senior counsel for the petitioners, there are more than 50,000 TET qualified candidates and that as per the submissions made by the learned Advocate General, more than 43,000 candidates have cleared TET conducted by State of Assam in the result declared on 22.12.2021. Therefore, there is no doubt that the exercise of verification, etc., required to be done by the Education Department of the State appears to be of enormous magnitude in light of the submissions made by the learned Advocate General to the effect Page No.# 35/39

that there would be no examination for selection and appointment and that selection would be made by awarding marks as per criteria declared in Clause- 25 of the advertisement dated 18.09.2021. Thus, Court finds force in the submissions made by the learned Advocate General that giving two last dates to apply was justified and was for convenience of the employer i.e. Education (Elementary) Department.

21) Therefore for the limited purpose of considering the prayer for an interim order only, the point no.1 is decided against the petitioners by holding that two last dates of applying i.e. (i) 20.10.2021 for candidates already having TET qualification on the date of advertisement, and 31.12.2021 for those candidates who would have acquired TET qualification after issue of advertisement but before last date of applying is not arbitrary or discriminatory and does not infringe or restricts any of the vested legal and constitutional rights of the petitioners.

Point no. 2 - Opportunity to such candidates who have acquired qualification after employment advertisement was issued on 18.09.2021:

22) One of the points strongly urged is that the State ought not to have given opportunity to persons who acquire qualification after the issuance of employment advertisement dated 18.09.2021. In this regard, we find force in the submissions made by the learned Advocate General that the candidate applying must have acquired the eligibility criteria on the last date of the application. In this regard, the Supreme Court of India, in the case of Rekha Chaturvedi (supra), had observed that "qualification had to be judged with Page No.# 36/39

reference to the last date of submitting the application for the post ." The learned senior counsel for the petitioners has not been able to demonstrate that one not acquiring qualification on the date when employment advertisement is issued was legally disqualified to apply notwithstanding that the last date to apply had not expired.

23) Therefore, in light of the discussions above, the Court does not find prima facie case for grant of interim order in this case. The balance of convenience tilts in favour of refusal of interim order, moreso, because as on the date this case has been listed and taken-up in the motion stage, right to apply had accrued upon all those persons who have acquired TET qualification after TET result was purportedly declared on 22.12.2021, as such this appears to be a strong and overwhelming reason not to grant any interim order of stay as prayed for, which would adversely affect the rights of the persons not before this Court even in representative capacity. Moreover, even if interim order is refused, the petitioners would not suffer any irreparable loss or injury because the right of the petitioners to apply for being considered for employment has not been taken away. Moreover, there being no hostile discrimination against the petitioners, the action of the State to issue advertisement dated 18.09.2021 with two last dates for applying, for prospective candidates who passed out on different dates, prima facie, does not appear to be arbitrary or discriminatory as alleged.

24) Thus for the reasons assigned herein before, and those assigned in respect of point no. 1, for the limited purpose of considering the prayer for interim relief, the point no. 2 is also decided against the petitioners.

Page No.# 37/39

Point no. 3 - The absence of reason who two last dates were given for applying:

25) When the respondent envisage that an unusually high number of applications would be made for seeking employment as Assistant Teachers in LP and UP Schools, taking into account the manpower and time that may be required to verify such numerous applications, where at this stage screening examinations are not contemplated, prima facie, the Court does not find the two last dates to apply for candidates is discriminatory, moreso, when by a subsequent notice dated 22.10.2021, the last date for applying for both category has been made the same, i.e. mid-night of 31.12.2021. Thus, on 06.12.2021, when this writ petition was filed, there is only one last date for all categories of candidates to apply. Thus, this point need not be examined any further at this stage, as the petitioners now stand in the same footing as the persons who would have cleared TET before the last date of application i.e. 31.12.2021. Moreover, as the Court does not find that the petitioners do have an indefeasible and concluded right to apply in exclusion of others, the non disclosure of any reason in the advertisement to have two different dates of applying does not appear to be fatal for the purpose of considering the prayed for interim relief. The point no. 3 is decided accordingly, against the petitioners for the purpose of interim relief.

Point no. 4 - Diminishing scope of employment opportunity if scope of participation is enlarged:

26) A mere probability that if TET qualified candidates who are stated to have passed out on 22.12.2021 are permitted to apply for getting Page No.# 38/39

employment, it would diminish the employment opportunity of the petitioners, in the considered opinion of the Court the said proposition, would not sustain the test of equality as envisaged under Article 14 of the Constitution of India. The learned senior counsel for the petitioners has not been able to show any authority on the point.

27) The Court is unable to visualize a situation that till all the previously TET qualified job aspirants actually take an attempt to compete for the job, other persons who have subsequently acquired TET qualification cannot be permitted to apply. If this proposition is at all accepted, maybe the State would then also have to create a mechanism so as to ensure that till the previous batch of students clearing their schooling, graduation, or post- graduation, or otherwise acquire requisite qualification or qualifying trade certificate get an opportunity to compete for employment, no subsequently passed out person in such course would be permitted to apply for any employment opportunity. Therefore, for the purpose of prayer for interim relief, the proposition as portrayed, appears to be absurd, hit by Wednesbury's principle of unreasonableness and therefore, totally unacceptable on facts and in law. The point no. 4 is accordingly decided against the petitioners.

28) Therefore, for the purpose of considering the prayer for interim relief, as admittedly the petitioners do not have an indefeasible and concluded right to apply in exclusion of others, the actions of the respondents are not found to be violative of Article 14 of the Constitution of India warranting ad interim stay of the impugned recruitment advertisement dated 18.09.2021 (Anexure-6), or impugned notice dated 25.10.2021 (Annexure-7). Thus, in light Page No.# 39/39

of the discussions above and for the reasons as assigned herein before, prayer for interim relief is refused.

29) It is clarified that the discussions made in this order is only for the purpose of examining as to whether or not the petitioners would be entitled to interim relief as prayed for in this writ petition. Hence, none of the parties shall be prejudiced by this order when the writ petition is heard and decided on its own merit.

30) List the matter in the admission column on 21.02.2022, by which time the respondents shall file their response.

JUDGE

Comparing Assistant