Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 2 Ors on 23 May, 2022
Page No.# 1/8
GAHC010097572022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1472/2022
JAYANTA BARMAN AND 22 ORS.
C/O -BASANTA BARMAN
VILL. -DEHARKALAKUCHI
P/O -DEHARKALAKUCHI
DIST. -NALBARI
PIN NO. 781310
2: MANASH PRATIM SARMA
C/O -SARAT CH. SARMA
VILL. AND P/O -PINGALESWAR
DIST. KAMRUP
PIN NO. 781381
3: NURUL AMIN
C/O -FARMAN ALI
VILL.-PADUPURI
P/O - LALPOOL
DIST. -DARRANG
PIN NO. 784514
4: PRATHANA DUTTA
C/O -KHAGESWAR DUTTA
VILL.-K.B. ROAD
BORMURIAGAON
P/O -NORTH LAKHIMPUR
DIST. -LAKHIMPUR
PIN NO. 787001
5: INDRANI SALOI
C/O -PRABHAT CH. SALOI
VILL. AND P/O -HALOGAON
DIST. -KAMRUP
PIN NO. 781103
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6: BHARATI CHANGMAI
C/O -SANJIBSAIKIA
VILL. -NO.1. BATAMARI
P/O -BATAMARI
DIST. -LAKHIMPUR
PIN NO. 787053
7: BENAZIR KHANAM
C/O -ABDUL QUADIR KHAN
VILL. AND P/O -KALAHABHANGA (BIDYAPARA)
DIST. -BARPETA
PIN NO. 781315
8: TIRTHA KALITA
C/O -MOHIN CHANDRA KALITA
VILL.-MAKELI
P/O -CHHAYGAON
DIST.- KAMRUP (R)
PIN NO. 781124
9: AYODHYA RAM ADHIKARY
C/O -KALIPADAADHIKARY
VILL.-FAFANGA PART -2
P/O -BALBALA
DIST. -GOALPARA
PIN NO. 783120
10: TULTUL DEWAN
C/O -KASHEMDEWAN
VILL. AND P/O -RADHAKUCHI
DIST. -BARPETA
PIN NO. 781309
11: GITALI GOGOI
C/O -MEGHANATHGOGOI
VILL. -MOHBALGAON
P/O -BORDOIBAM
DIST. -LAKHIMPUR
PIN NO. 787053
12: SATYAJIT PATHAK
C/O -MANMOHAN PATHAK
VILL. -NAPARA
P/O -SARUPETA
DIST. -BARPETA
PIN NO. 781318
13: DIPIKA CHOUDHURY
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C/O-RAMANIKANTA CHOUDHURY
TOWN -PATHSALA
WARD NO -3
(NEAR SANKARDEVSISHUNIKETAN)
DIST. -BARPETA
PIN NO. 781325
14: BHAGYASHREE KALITA
C/O -PARIKHITKALITA
VILL. -DEBANANDA
P/O -HAZARIKAPARA
DIST. -DARRANG
PIN NO -784145
15: MD. SABINUR ISLAM
C/O - MD. JOYNALHOQUE
VILL. -TATIPARA
P/O -HAZIRHAT
DIST.- SOUTH SALMARAMANKACHAR
PIN NO. 783128
16: DHANMANI KALITA
C/O -KSHEMADHARKALITA
VILL.-DEVANANDA
P/O -HAZARIKAPARA
DIST.-DARRANG
PIN NO. 784145
17: SANTANU SONOWAL
C/O -PRAFULLASONOWAL
VILL. -MORICHAPATHER NO. 2
P/O -MORICHAPATHER
DIST. -LAKHIMPUR
PIN NO. 784161
18: BARNALI SARKAR
C/O -SRI BRINDABAN SARKAR
VILL.- WARD NO. 3
P/O -ABHAYAPURI
DIST. -BONGAIGAON
PIN NO. 783384
19: ABDUL WADUD
C/O -HAKIM ALI
VILL. -WARD NO. 6
NATUNPARA
P/O -MANGALDAI
DIST. -DARRANG
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PIN NO. 784125
20: NILUTPAL NATH
C/O -PANCHANANNATH
VILL.-MAYENGIA
P/O -CHARAIBAHI
DIST. -MORIGAON
PIN NO. 782106
21: DIPTRISHA BORA
C/O -SADANANDA BORA
VILL. -SOUTH HAIBARGAON
P/O -HAIBARGAON
DIST. -NAGAON
PIN NO. 782002
22: ILIAS KHAN
C/O -MD. MOKSHED ALI KHAN
VILL. -BARAGDIA
P/O -GAHIYA
DIST. -BARPETA
PIN NO. 781311
23: JURI MEDHI
C/O- KEERTI KAMAL DEKA
VILL.-MANAHAKACHARIGAON
P/O- MANAHA
DIST.-MORIGAON
PIN NO. 782411
24: MANASHJYOTI NATH
C/O-DIBAKARNATH
VILL-NIZSIPAJHAR
P.O- SIPAJHAR
DIST- DARRANG
PIN-78414
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
SECONDARY EDUCATION DEPTT. DISPUR, GUWAHATI-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
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KAHILIPARA
GUWAHATI-19
3:MEMBER SECRETARY
EMPOWERED COMMITTEE FOR TET
SECONDARY EDUCATION
ASSA
Advocate for the Petitioner : MR P K DAS
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 23-05-2022
JUDGE
23.05.2022
Heard Mr. S. Borthakur, learned counsel for the applicants as well as Mr.
SMT Chistie, learned standing counsel for the Secondary Education Department
appearing for the respondents.
2. This IA has been filed for correction of inadvertent errors which has
crept in the judgment and order dated 18.05.2022 passed by this Court in the
connected WP(C) 4455/2020 and other connected cases, including WP(C)
3435/2020.
3. Having heard the learned counsel for both sides, the Court upon
examination of the contents of the writ petition, has observed that in the
connected writ petition, i.e. WP(C) 3435/2020, it was projected that the
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applicants, who were the writ petitioners had secured 60% qualifying marks in
the exam, but they were not declared qualified in the exam on the ground that
they had not secured 60% marks in each of the two parts. Accordingly, the writ
petition filed by the applicants i.e. WP(C) 3435/2020 would fall within the
second set of writ petition as mentioned in para-2(ii) of the judgment and order
dated 18.05.2022 along with WP(C) 3882/2020.
4. Consequently, it appears that para-2(iii) of the judgment and order
dated 18.05.2022 in WP(C) 3435/2020 is liable to be deleted as the same is
factually incorrect. Accordingly, the writ petition of the applicants i.e. WP(C)
3435/2020 is required to be included in para-2(ii) of the said order. Accordingly,
the recast para-2(ii) would now read as follows:
"2(ii) The second set of writ petition would include WP(C) 3882/2020 and
WP(C) 3435/2020, where prayer is to award grace marks as the
petitioners have got the aggregate qualifying marks in both papers, but
have not got qualifying marks in one paper."
5. In the said order, para-2(iii) stands deleted.
6. Resultantly, the WP(C) 3435/2020 would stand included in para-49(c).
Therefore, the mention of WP(C) 3435/2020, would stand deleted from para-
49(d) of the said judgment.
7. The recast sub-para(c) of para-49 would now read as follows:
49(c) In respect of the second set of writ petitions, i.e. WP(C) 3882/2020
and WP(C) 3435/2020,
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(i) the petitioners in the unreserved category, who had otherwise scored
minimum 60%, and (ii) petitioners in the reserved category, who had
otherwise scored minimum 55% in the aggregate and may not have
scored 60%/55% in any one of two parts, are entitled to be declared as
TET qualified, which would be in consonance with Rule 10(2) of the 2018
Rules read with Clause-9 of the NCTE Guidelines dated 11.02.2011.
Resultantly, the respondent authorities are directed to do the exercise of
revisiting the mark-sheets of all the candidates whose name/ roll number
did not appear in the TET results declared on 04.03.2020, and if any
candidates are found to have otherwise scored the minimum percentile
marks of 60% and/or 55% (for unreserved/ reserved category), all of
such candidates be declared to be TET qualified in respect of
examinations held on 19.01.2020, pursuant to educational advertisement
dated 13.09.2019. The said exercise shall be carried out within the outer
period of 2(two) months from the date of service of certified copy of this
order in the office of the Director of Secondary Education, Assam."
8. Consequently, the petitioners in WP(C) 3435/2020 would become
entitled to be declared as TET qualified and the said writ petition would not be
treated as dismissed.
9. This order shall be read together with judgment and order dated
18.05.2022 passed in WP(C) 4455/2020 and other connected cases.
10. This IA stands allowed to the extent as indicated above.
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Comparing Assistant
