Gauhati High Court
Dipanka Borah vs The State Of Assam And 3 Ors on 1 February, 2024
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GAHC010011072024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/332/2024
DIPANKA BORAH
S/O- PRABHAT BORAH,
R/O- TITABAR,
P.O.- TITABAR, P.S.- TITABAR,
DIST.- JORHAT, PIN- 785630.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM,
EDUCATION ELEMENTARY DEPARTMENT,
DISPUR, GUWAHATI, PIN- 781006.
2:DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE UNION OF INDIA
REPRESENTED BY THE JOINT SECRETARY TO THE GOVERNMENT OF
INDIA
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCES DEVELOPMENT
SHASTRI BHAWAN
NEW DELHI
PIN- 110001.
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4:THE NATIONAL COUNCIL OF TEACHER EDUCATION
( A STATUTORY BODY OF GOVERNMENT OF INDIA)
HAVING ITS OFFICE AT HANZ BHAWAN WING II
BAHADUR SHAH ZAFAR MARG
NEW DELHI
PIN- 110002
Advocate for the Petitioner : MR A A DEWAN
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
JUDGMENT & ORDER (ORAL)
Date : 01-02-2024
Heard Mr. A. Dewan, learned counsel for the petitioner. Also heard D.
Saikia, learned Advocate General, Assam assisted by Mr. S. M. T. Chistie,
learned standing counsel appearing for the authorities of the Elementary
Education Department.
2. In view of the nature of the order being passed, notice upon
respondents no. 3 & 4 is not deemed necessary.
3. The petitioner by way of instituting the present proceeding has
presented a challenge to an advertisement dated 26.12.2023, issued by the
Director of Elementary Education, Assam inviting online applications for
filling up vacancies of Assistant Teachers of LP Schools under the Directorate
of Elementary Education, Assam, on the ground that the educational
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qualification as prescribed therein is not in accordance with the prescriptions
made for the posts involved by the National Counsel for Teacher Education
(NCTE).
The educational qualification as spelt out in the advertisement is
extracted herein below:-
Sl. Category Essential Qualification & Marking/Weightage
of post experience
No.
Higher Secondary/Senior 5% of marks secured in
Secondary (or its equivalent) Higher Secondary/Senior
with at least 50% marks Secondary or equivalent
Examinations
Assistant
1. Teacher
And 5% of marks secured in
for
Diploma in Elementary
Lower 2-year Diploma in Education or Bachelor of
Primary Elementary Education (by
Elementary Education
School whatever name known)
examination or Diploma in
Education (Special
Education)
And 85% of marks secured in
Assam TET or Central TET Teachers Eligibility Test
for Lower Primary (TET) for Lower Primary
Schools.
(Non-essential) 5 marks (Maximum)
1.NCC Certificate-5 marks Even if the candidate
for "C" Certificate and 3 possesses all the three
marks for "B" Certificate qualification/achievements
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Or
2. 5 marks for
participation/achievement in
recognized sports at National
Level or beyond representing
State or Nation.
Or
3. 5 marks for
participation/achievement in
recognized Fine Arts and
Cultural Activities
representing State at National
Level or beyond representing
State or Nation (organized by
recognized institutions)
4. The NCTE vide its notification dated 29.07.2011, has laid down the
minimum qualifications required to be possessed by a person to be eligible for
appointment as a teacher.
The qualification as prescribed in the said notification dated 29.07.2011,
for recruitment of teachers for classes I-V being relevant is extracted herein
below:-
"1. Minimum Qualifications:-
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(i) Classes I-V
(a) Senior Secondary (or its equivalent) with at least 50% marks and
2-year Diploma in Elementary Education (by whatever name known)
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-
year Diploma in Elementary Education (by whatever name known), in
accordance with the NCTE (Recognition Norms and Procedure),
Regulations, 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-
year Bachelor of Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-
year Diploma in Education (Special Education)
OR
Graduation and two year Diploma in Elementary Education (by
whatever name known)"
5. On a comparison of the qualifications as prescribed by the NCTE vide
its notification dated 29.07.2011 and the qualifications as spelt out in the said
advertisement dated 26.12.2023, it is seen that in the advertisement, the
alternative qualification of "Graduation and two year Diploma in Elementary
Education (by whatever name known)" was not incorporated. The petitioner,
who satisfies the said alternative qualification had instituted the present
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proceedings in view of the fact that the same not having been incorporated in
the advertisement dated 26.12.2023, he is not in a position to have his case
considered against the posts so advertised.
6. This Court vide order dated 29.01.2024, had required the learned
standing counsel Elementary Education Department to receive his instructions in
the matter and had directed for listing of the matter today.
7. Today, the learned AG, Assam has placed on record an instruction
issued by the Director, Elementary Education, Assam through which it was
informed that the Government was aware of the said discrepancies and
accordingly had already taken steps for modification of the qualification as spelt
out in the advertisement dated 26.12.2023 and accordingly, a corrigendum
would be issued incorporating the qualification " Graduation and two year
Diploma in Elementary Education (by whatever name known)" in the said
advertisement. It has also been further stated by the learned AG that in view of
the requirement of issuing a corrigendum in the matter, the last date of
submission of online application for the posts of Assistant Teachers in LP
Schools in the State, advertised vide the advertisement dated 26.12.2023,
would now be extended from 10:00 PM of 02.02.2024 till 10:00 PM of
12.02.2024.
8. The grievance as raised by the petitioner in the present proceedings,
being limited to the non-incorporation of the qualification " Graduation and two
year Diploma in Elementary Education (by whatever name known)" in the said
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advertisement dated 26.12.2023 and the Government having now approved for
the modification of the qualification as spelt out in the said advertisement dated
26.12.2023 and a corrigendum being issued for extension of the last date of
submission of the applications, grievance as raised by the petitioner in the
present proceeding stands redressed.
9. The petitioner would now be at liberty to submit his application in
pursuance to the advertisement dated 26.12.2023 in pursuance to the issuance
of the corrigendum as indicated herein above within the extended last date for
submission of applications.
10. With the above observations, this writ petition stands disposed of.
JUDGE
Comparing Assistant
