Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 5 Ors on 7 January, 2022
Page No.# 1/7
GAHC010152852020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4692/2020
JESMIN AHMED AND 27 ORS
D/O - ABU SIDDIQUE KHANDAKAR
VILL - KANDHULIMARI NO-2
P.S.-DHING
P.O.-KANDHULIMARI NO.-2
DIST.-NAGAN (ASSAM)
2: AKHLASUR RAHMAN
S/O - JAMAL UDDIN
VILL - PANDOBA
P.S.-BAGUAN
P.O.-MARKULA
DIST.- GOALPARA (ASSAM)
3: PALLAB SENAPATI
S/O - PRAMOD SENAPATI
VILL AND P.O - BANGALJHORA
P.S.-BIJNI
DIST.-CHIRANG (ASSAM)
4: MILI DEVI
C/O - DEEPAK MISRA
VILL AND P.O.-DHUPDHARA
DIST.- GOALPARA (ASSAM)
5: RUBIA SULTANA
D/O - LT ESAHOQUE ALI
VILL - HELAPAKHRI
P.S.-MORNAI
P.O.-BALADMARI CHAR
DIST.- GOALPARA (ASSAM)
6: MASTUFA AHMED
S/O -MAYNULHAQUE
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VILL - PATHARKANDI
P.S.-PATHARKANDI
P.O.-ERALIGOOL
DIST.- KARIMGANJ (ASSAM)
7: SAHIDUL HOQUE
S/O - SHARIF UDDIN AHMED
VILL - DALURBOND
P.S. - R.K. NAGAR
P.O.-MUKTARAMPUR
DIST.- KARIMGANJ
ASSAM
8: JABIR HUSSAIN
S/O -SALIK AHMED
VILL - MASLY
P.O.-BHANGA BAZAR
DIST.- KARIMGANJ (ASSAM)
9: MINHAJUL ABDIN
S/O - JAINAL ABDIN
VILL - CHUKABHLI
P.S.-DALGAON
P.O.-DAIPAM
DIST.- DARRANG (ASSAM)
10: SIBER ALI
S/O - ABDUL KALAM
VILL - RANI PUKHURI
P.S. - UDALGURI
P.O.-KAJIAMATI
DIST.- UDALGURI (ASSAM)
11: IMRAN HUSSAIN
S/O -MANSUR ALI AHMED
VILL - GHILADHARI
P.S. -DALGAON
P.O.-KOUPATI
DIST.-DALGAON (ASSAM)
12: MUNMI BORUAH
D/O- HIMANTASAIKIA
VILL - NO- MATINAWHALIA VILLAGE
P.S.-NAZIRA
P.O.- NO. MATI
DIST.- SIVASAGAR (ASSAM)
13: CHANDRAMA DUARAH
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D/O - NABA KUMAR DUARAH
VILL AND P.S. - KAKALIBARI
P.O.- SIBASAAR
DIST.-SIBSAGAR (ASSAM)
14: BABAR ALI
S/O - JAMAL UDDIN
VILL - DABANDIA
P.S. - GUNIALGURI
P.O.-KALGACHIA
DIST.- BARPETA (ASSAM)
15: EMDADUL HOQUE
S/O - ABDUL KALAM
VILL - RANI PUKHURI
P.S.- UDALGURI
P.O.-KAJIAMATI
DIST.- UDALGURI (ASSAM)
16: MOMINUR ISLAM
S/O - ABDUL MOZID MIAH
VILL - SIMLAKARI
P.S.-LAKHIPUR
P.O.-SIMLAKARI
DIST. - GOALPARA (ASSAM)
17: PABALI BARUAH
C/O -BIMAL GOGOI
VILL - SUNDARPUR
P.S. -SIBASAGAR
P.O.-JOYSAGAR
DIST. - SIBASAGAR (ASSAM)
18: DIPANKAR GAYAN
S/O - RAJEN GAYAN
VILL - GASARGURI
P.S.-MORIIGAON
DIST. - MORIGAON (ASSAM)
19: MUKUNDA MADHAB MEDHI
S/O - PRADIP CH. MEDHI
VILL - DUANI
P.S. - MORIGAON
P.O.- MANIPUR
DIST.- MORIGAON (ASSAM)
20: NABANITA SAIKIA
D/O- MINARAM SAIKIA
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VILL - DAKHIN HATICHUNGI GAON
P.S.- JORHAT
P.O.- NA-ALI DHEKIAJULI
DIST.- JORHAT (ASSAM)
21: CHANAKYA DEKARAJA
S/O- KHARGASINGH DEKARAJA
VILL - MORIGAON NABHETI WARD NO.- 10
P.S.- MORIGAON
P.O.- MORIGAON
DIST.- MORIGAON (ASSAM)
22: HAFIZUR RAHMAN
S/O- LT. GIAS UDDIN
VILL - CHENIMARI
P.S.- LAHARIGHAT
P.O.-DHUMKURA
DIST.- MORIGAON (ASSAM)
23: PANKAJ GOSWAMI
S/O - MANTU KUMAR GOSWAMI
VILL - KOMARAGURI
P.S.- MORIGAON
DIST. - MORIGAON (ASSAM)
24: BAPPI SARKAR
S/O - BHANU RAM SARKAR
VILL - CHOWRAGURI
P.S. - BONGAIGAON
P.O.-GORAIMARI
DIST. - BONGAIGAON (ASSAM)
25: JAHUR UDDIN
S/O- SHAHEB UDDIN
VILL - BANTIPUR
P.S.- BARPETA
P.O.-JARABARI
DIST.- BARPETA (ASSAM)
26: KAUSHIK BASAK
S/O - KARTIK BASAK
VILL - DORRANG
P.O.-KHARUPETIA
DIST. - DARRANG (ASSAM)
27: JAMILA KHATUN
D/O - JALAL HUSSAIN MONDAL
VILL AND P.O.-ASHORI KANDI
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P.S. - GAURIPUR
DIST. - DHUBRI (ASSAM)
28: RAJIB NATH
S/O- RAKESH CH. NATH
VILL AND PO- BARKATPUR
DIST- KARIMGANJ
ASSAM
PIN- 78871
VERSUS
THE STATE OF ASSAM AND 5 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT,
DISPUR, GUWAHATI-6
2:THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM KAHILIPARA
GUWAHATI-19.
3:THE MINISTRY OF EDUCATION
TO BE REPRESENTED BY ITS
SECRETARY
SHASTRI BHAWAN
RAJENDRA PRASAD ROAD
NEW DELHI
4:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
TO BE REPRESENTED BY ITS
CHAIRPERSON
NEW DELHI
G-7
SECTOR-10
DUWARKA
NEW DELHI-110075
5:THE CENTRAL BOARD OF SECONDARY EDUCATION
NEW DELHI TO BE REPRESENTED BY ITS
CHAIRPERSON
SIKSHA KENDRA
2
COMMUNITY CENTRE
PREET VIHAR
NEW DELHI -110072 NEW DELHI
6:THE ASSAM SARBA SIKSHA ABHIAN MISSION
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KAHILIPARA
GHY -19.
TO BE REPRESENTED BY ITS MISSION DIRECTOR
KAHILIPARA
GUWAHATI-19
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 07.01.2022
Heard Mr. A. R. Bhuyan, learned counsel for the petitioners. Also heard Mr. N.
J. Khataniar, learned Standing Counsel, Elementary Education Department, Assam,
appearing for the State respondents as well as Mr. S. Bora, learned counsel
appearing for respondent no. 6.
In this writ petition, the case of the petitioners is that they are Central
Teachers Eligibility Test (TET) qualified candidates and are eligible for appointment
in primary schools. By this writ petition the petitioners are seeking quashing of the
advertisement dated 24.09.2011, by which they have been debarred from
participating in the selection process for appointment of teachers in the lower and
upper primary schools in the State of Assam as the advertisement specifically
states that only those candidates who are qualified in the TET conducted by the
Elementary Education Department, Government of Assam, shall be eligible to
apply.
In this case, the only question before us for determination is whether the
petitioners, who have passed the CTET, are qualified to be appointed as
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Elementary Schools teachers or not.
Learned counsel for the petitioners has submitted that this case is covered by a
judgment dated 03.02.2021 passed by this Court in WA No. 24/2021, wherein this
Court held that the condition put in the aforesaid case that only the candidates
qualified in the TET conducted by the State of Assam were eligible to participate in
the selection process was violative of Article 14 of the Constitution of India and
considering the facts and circumstances of the case as also keeping in view the
legitimate expectation of the CTET qualified candidates, they were allowed to
participate in the selected process conducted by the State Government of Assam.
Learned Standing Counsel, Elementary Education Department, Assam, has also
fairly submitted that this case is squarely covered by the judgment passed by this
Court in WA No. 24/2021.
In view of the above, this writ petition is disposed of in terms of the judgment
dated 03.02.2021 passed by this Court in WA No. 24/2021.
However, since most of the appointments have already taken place in the year
2020, we make it very clear that the appointment of the present petitioners shall
be made subject to availability of vacancies for that year.
JUDGE CHIEF JUSTICE
Comparing Assistant
