Gauhati High Court
Page No.# 1/15 vs The State Of Assam And 4 Ors on 19 November, 2025
Page No.# 1/15
GAHC010194852025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/273/2025
NANDITA PRIYA SARKAR AND ANR.
W/O. TAPASH KUMAR ROY, R/O. VILL.- PAKABETBARI, P/O. JARABARI,
P/S. BARPETA, DIST. BARPETA, ASSAM, PIN-781314, TET ROLL NO. 502858
2: ANIMESH DUTTA
S/O. BIKASH DUTTA
R/O. NATUN NAGAR
WARD NO. 4
P/O. DHEMAJI
P/S. AND DIST. DHEMAJI-787057
TET ROLL NO. 50519
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION DEPARTMENT, SECONDARY, DISPUR, GUWAHATI-06.
2:THE SECRETARY TO THE GOVT. OF ASSAM
EDUCATION DEPARTMENT (SECONDARY)
DISPUR
GUWAHATI-06.
3:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI-19
4:THE INSPECTOR OF SCHOOLS
BONGAIGAON DISTRICT CIRCLE
DIST. BONGAIGAON
ASSAM.
5:THE INSPECTOR OF SCHOOLS
DIBRUGARH DISTRICT CIRCLE
Page No.# 2/15
DIST. DIBRUGARH
ASSAM
Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI
Advocate for the Respondent : SC, SEC. EDU.,
Linked Case : WA/275/2025
ANJALI DAS
D/O. NITAI DAS
R/O. RONGPUR PART-3
P/O. AND P/S.KATLICHERRA
DIST. HAILAKANDI
PIN-788161
GT TET ROLL NO. 102038
2: SUHANA SABNAM
D/O. ABDUL HAMID
R/O. VILL.- SINGUA FULTALI
P/O. BROJENDRAPUR
P/S. RAMKRISHNANAGAR
DIST. SRIBHUMI
PIN-788156
GT TET ROLL NO.102964
3: PUJA KAIRI
D/O. SANKAR KAIRI
R/O. VILL.- NUTANBAZAR
P/O NUTANBAZAR
P/S. DHOLAI
DIST. CACHAR
PIN-788115
GT TET ROLL NO. 102676
4: CH SHOUNALI SINGHA
D/O. CH SAMTONU SINGH
R/O. VILL.- VIVEKANANDA ROAD LANE NO. 17
WARD NO. 26
P/O. VIVEKANANDA ROAD
P/S. SADAR SILCHAR
DIST. CACHAR
PIN-788007
GT TET ROLL NO.102158
5: JUHI BARMAN
D/O/ DINESH CHANDRA BARMAN
Page No.# 3/15
R/O. NEW LINK ROAD
RONGPUR
PART-4
SILCHAR
P/O. RONGPUR
P/S. SADAR THANA
DIST. CACHAR
PIN-788009
GT TET ROLL NO. 102332
6: KALYANI SINGHA
D/O. DHIRENDRA KUMAR SINGHA
R/O. JARAILTOLA BAZAR
CACHAR
ASSAM
P/O. JARAILTOLA
P/S. BORKHOLA
DIST. CACHAR
PIN-788127
GT TET ROLL NO. 100434
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
EDUCATION DEPARTMENT (SECONDARY)
DISPUR
GUWAHATI-781006.
2:THE SECRETARY TO THE GOVT. OF ASSAM
EDUCATION DEPARTMENT (SECONDARY)
DISPUR
GUWAHATI-6
3:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI-19
4:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
SILCHAR
DIST. CACHAR
ASSAM.
------------
Advocate for : MR S BORTHAKUR
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS
Page No.# 4/15
Linked Case : WP(C)/3931/2025
NANDITA PRIYA SARKAR AND ORS
W/O TAPASH KUMAR ROY R/O VILOL PAKABETBARI PO JARABARI PS
BARPETA DIST BARPETA ASSAM PIN 781314 TET ROLL NO. 502858
2: ANIMESH DUTTA
S/O BIKASH DUTTA R/O NATUN NAGAR WARD NO. 4 PO PS AND DIST
DHEMAJI ASSAM PIN 787057 TET ROLL NO. 505191
3: MANASH PRATIM BORAH
S/O SONA RAM BORAH R/O AZAD BY LANE 2 WARD NO. 11 K B ROAD
BORMURIA TINIALI PO AND PS NORTH LAKHIMPUR DIST LAKHIMPUR
ASSAM PIN 787001 TET ROLL NO. 201760
VERSUS
THE STATE OF ASSAM AND ORS
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
EDUCATION DEPTT SECONDARY DISPUR GUWAHATI 6
2:THE SECRETARY
TO THE GOVT OF ASSAM EDUCATION DEPTT SECONDARY DISPUR
GUWAHATI 6
3:THE DIRECTOR OF SECONDARY EDUDCATION
KAHILIPARA GUWAHATI 19
4:THE INSPECTOR OF SCHOOLS
BONGAIGAON DIST CIRCLE
BONGAIGAON ASSAM
5:THE INSPECTOR OF SCHOOLS
DIBRUGARH DIST CIRCLE
DIBRUGARH ASSAM
------------
Advocate for : MR S BORTHAKUR
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND ORS
Linked Case : WA/276/2025
DIMPLE NEOG AND 33 ORS.
D/O. DILIP NEOG
R/O. PHULPANICHIGA
CHANGMAI GAON
P/O. PHULPANICHIGA
Page No.# 5/15
P/S. GAURISAGAR
DIST. SIBSAGAR
ASSAM
PIN-785683
TET ROLL NO. 501158
2: MOROMI KONTA
D/o - ISHAK KONTA
R/O - GINGIA TEA ESTATE
P.O.- GINGIA
P.S.- GINGIA
DIST.- BISWANATH
PIN- 784184 TET ROLL NO.- 900848
3: AMRIN JAHAN SHEIKH
D/o - ALI JAHAN SHEIKH
R/O - NEW MARKET
PANCHARATNA ROAD
GOALPARA
ASSAM
P.O. - GOALPARA
P.S. - GOALPARA
District - GOALPARA
Assam
Pin - -783101
TET Roll No. - 500112
4: PURABI DEVI
D/o - BIPIN CHANDRA NATH
R/O - 1 NO. NAMONIGAON
NEAR LAMA MANDIR
P.O. - RANGAPARA
P.S. - RANGAPARA
District - SONITPUR
Assam
Pin - 784505
TET Roll No. - 901171
5: MAMATA DAS
D/o - LAKHAN DAS
R/O - GORAIMARI
LANGHIN TOWN
P.O. - LANGHIN TINIALI
P.S. - DOKMOKA
District - KARBI ANGLONG
Assam
Pin - 782441
TET Roll No. - 502346
Page No.# 6/15
6: TARMITA NARZARY
D/o - BISHNU NARZARY
R/O - VILL BORDONDI
P.O. - RAMDHAN DIKHARI
P.S. - SIMEN CHAPORI District - DHEMAJI
Assam
Pin - 787060
TET Roll No. - 504858
7: KRISLIN KUMBANG
D/o - JIBARAM KUMBANG
R/O - NEPALI BASTI
MIGOM DOLUNG
JONAI
P.O. - JONAI
P.S. - JONAI
District - DHEMAJI
Assam
Pin - 787060
TET Roll No. - 508016
8: DHARITRI CHAMUAH
D/o - ANIL CHAMUAH
R/O - CHALCHALI BIRAHIGAON
P.O. - HALOWAGAON
P.S.- SAMAGURI
District - NAGAON
ASSAM
Pin - 782141
TET Roll No. - 501069
9: SONIA RAHMAN
D/o - KHALILUR RAHMAN
R/O - H.NO.2
KHILIKHATOL NAMGHAR
RAJEEB NAGAR ROAD
KAHILIPARA
DISPUR
GUWAHATI
P.O. - KAHILIPARA
P.S. - DISPUR
District - KAMRUP(METRO)
Assam
Pin - 781019
TET Roll No. - 509398
10: PUSPA KUMARI
Page No.# 7/15
D/o - MOHAN PRASHAD R/O - 5 NO. BLOCK CHUNGAJAN P.O.- CHUNGAJAN
P.S.- CHUNGAJAN
District - GOLAGHAT
Assam
Pin - 785601
TET Roll No. - 301053
11: PAYAL CHAUHAN
D/o - LAKHI PRASAD CHAUHAN
R/O - ST. TEGRAJ ROAD
NAUPHUKHURI
TINSUKIA
P.O. - TINSUKIA
P.S. - TINSUKIA
District - TINSUKIA
Assam
Pin - 786125
TET Roll No. - 901042
12: MAUSUMI MAHANTA
D/o - PABITRA KUMAR MAHANTA
R/O - VILL SAGOLIA PART-II
P.O. - SAGOLIA
P.S. - GOLAKGANJ
District - DHUBRI Assam
Pin - 783335
TET Roll No. - 508191
13: NANDITA DAS
D/o - LATE SITESH RANJAN DAS
R/O - BARPATHAR
P.O. - BARPATHAR
P.S. - BARPATHAR
District - KARBI ANGLONG
Assam
Pin - 785602 TET
Roll No. - 300753
14: NIMI GIRISA
D/o - HEMEN GIRISA
R/O - DAGAON
SAMBARIA
LANKA
P.O. - SAMBARIA
P.S. - LANKA
District - HOJAI
Assam
Pin - 782446
Page No.# 8/15
TET Roll No. - 503078
15: PUSHPANJALI PAGAG
D/O - PUNYESWAR PAGAG
R/O - SURJYA NAGAR
SATGAON
P.O. - UDYAN VIHAR
P.S. - SATGAON
District - KAMRUP (METRO)
Assam
Pin - 781171
TET Roll No. - 503693
16: RITU SEN
D/o - GOPAL SEN
R/O - VILL PHULOGURI
P.O. - PHULOGURI
P.S. - RANGAPARA
District - SONITPUR
Assam
Pin - 784504
TET Roll No. - 902930
17: MAINU BORO
D/o - BISWANATH BORO
R/O - VILL BANDARMARI
P.O. - BANDARMARI
P.S. - TEZPUR District - SONITPUR
Assam
Pin - 784153 TET
Roll No. - 900710
18: NABANITA RABHA
D/o - NALINI KUMAR RABHA
R/O - RANGAPARA
P.O. - RANGAPARA P.S. - RANGAPARA
District - SONITPUR Assam
Pin - -784505
TET Roll No. - 900896
19: MARY SUNITA MURMU
D/o - MANUEL MURMU R/O - HOROTOLA P.O. - PATKIJULI P.S. - TAMULPUR
District - TAMULPUR Assam
Pin - 781360 TET Roll No. - 502463
20: BORNALI BEYPI
D/o - LONGKY BEY R/O - SELAIKHATI BALICHANG P.O. - BALICHANG P.S. -
BALICHANG District - BISWANATH Assam
Page No.# 9/15
Pin - 784174 TET Roll No. - 900225
21: JUSHNA TERANGPI
D/o - RAJEN TERANG R/O - JILANGSO
SILONIJAN P.O. - SILONIJAN P.S. - BORPATHAR District - KARBI ANGLONG
Assam
Pin - 785602 TET Roll No. - 302123
22: BISHAKHA GOGOI
D/o - GOPAL GOGOI R/O - VILL JYOTI NAGAR
ARADHAL P.O. - ARADHAL P.S. - DHEMAJI District - DHEMAJI Assam
Pin - 787057 TET Roll No. - 500750
23: MEHNAZ ALFARUQUE
D/o - MOSADDEQUE ALFARUQUE R/O - WARD NO 7
ALFARUQUE ROAD
DHUBRI
ASSAM P.O. - DHUBRI P.S. - DHUBRI District - DHUBRI Assam
Pin - 783301 TET Roll No. 601015
24: MAINAW KHAKHALARY
D/o - MOHAN KHAKHALARY R/O - KUSHDHOWA P.O. - KUSHDHOWA P.S.
-RANGJULI District - GOALPARA Assam
Pin - 783124 TET Roll No. - 800887
25: MADHUMITA SAHA
D/o - PHANINDRA SAHA R/O - BIJNI
KAWATIKA P.O. - KAWATIKA P.S. - BIJNI District - CHIRANG Assam
Pin - 783390 TET Roll No. - 600919
26: SWAPRAKASH BHUYAN
BHALUKDHARA P.O. - DHEKIAJULI P.S. - DHEKIAJULI District - SONITPUR
Assam
Pin - 784110 TET Roll No. - 903778
27: BITUPAN SAIKIA
S/o - PUTUL SAIKIA R/O - GONDHIA HABICHUK GAON P.O. - PANITOLA P.S. -
TINSUKIA District - TINSUKIA Assam
Pin - 786183 TET Roll No. - 201619
28: DHIRAJ PATHAK
S/o - JAGANNATH PATHAK R/O - VILL - UTTAR GANAKGARI P.O. -
SORBHOG P.S - SORBHOG District - BARPETA Assam
Pin - 781317 TET Roll No. - 802052
29: RIKI CHETIA
D/o -PURAN CHETIA R/O - VILL TIPAMIA VILLAGE P.O. - RANG CHANGI P.S.
Page No.# 10/15
- TENGAKHAT District - DIBRUGARH Assam
Pin - 786184 TET Roll No. - 202596
30: VICKY KACHARI
D/o - BIDYAN KACHARI R/O - VILL SAURAGURI
TAMULPUR
ASSAM P.O. - KACHUBARI P.S. - TAMULPUR District - TAMULPUR Assam
Pin - 781367 TET Roll No. - 801833
31: ARCHANA BASUMATARI
D/o - BHOGESWAR BASUMATARY R/O - TOWN- ORANG
NO1 SAIKIA CHUBURI P.O. - ORANGP.S.ORANG District - UDALGURI Assam
Pin - 784114 TET Roll No. - 902263
32: RESHMI BARMAN
D/o - LATE DHIREN BARMAN R/O - TURUKPARA
BOKO P.O. - BOKO P.S. - BOKO District - KAMRUP (RURAL) Assam
Pin - 781123 TET Roll No. - 400469
33: DEBOJIT BHUMU
S/o - RAJEN BHUMIJ R/O - PERTABGHUR T.E P.O. - BISWANATH CHARIALI
P.S. - BISWANATH CHARIALI District - BISWANATH Assam
Pin - 784176 TET Roll No. - 901751
34: MRINALI BANIA
D/o - PUSPA DHAR BANIA R/O - BHUKTABARI
SIPAJHAR P.O. - SIPAJHAR P.S. - SIPAJHAR District - DARRANG Assam
Pin - 784145 TET Roll No. - 508366
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
EDUCATIN DEPARTMENT (SECONDARY)
DISPUR
GUWAHATI-06.
2:THE SECRETARY
TO THE GOVT OF ASSAM EDUCATION DEPTT SECONDARY DISPUR
GUWAHATI 6
3:THE DIRECTOR OF SECONDARY EDUCDATION
KAHILIPARA GUWAHATI 19
4:THE INSPECTOR OF SCHOOLS
BONGAIGAON
DIST BONGAIGAON ASSAM
5:THE INSPECTOR OF SCHOOLS
Page No.# 11/15
KAMRUP METRO DISTRICT CIRCLE
GUWAHATI KAMRUP METRO ASSAM
6:THE INSPECTOR OF SCHOOLS
NAGAON DISTRICT CIRCLE
DIST NAGAON ASSAM
7:THE INSPECTOR OF SCHOOLS
JORHAT DISTRICT CIRCLE
DIST JORHAT ASSAM
8:THE INSPECTOR OF SCHOOLS
DIBRUGARH DISTRICT CIRCLE
DIST DIBRUGARH ASSAM
------------
For the Petitioner/appellant(s) : Mr. S. Borthakur, Advocate
Mr. D. Gogoi, Advocate
For the Respondent(s) : Mr. N. J. Khataniar, SC, Education
Ms. R. Barua, SC, Education
- BEFORE -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
19.11.2025
(Ashutosh Kumar, CJ)
All these three appeals have been taken up together and are
being disposed off by this common judgment.
These writ appeals have been preferred by the appellants against
the judgment dated 01.08.2025, passed by a learned Single Judge in
WP(C) 3929/2025 and other connected writ petitions, whereby the writ
petitions filed by the present appellants have been dismissed.
We have heard Mr. S. Borthakur, learned Advocate for the
appellants and Mr. N. J. Khataniar, learned Standing Counsel, Secondary
Education Department, for the respondents.
Page No.# 12/15
An advertisement was issued by the respondents on 26.12.2023
inviting applications from eligible candidates for filling up 7249 vacant
posts of Graduate Teacher (Arts), Graduate Teacher (Science),
Graduate Teacher (Hindi) and Graduate Teacher (Sanskrit) in different
Provincialised Secondary schools under the Directorate of Secondary
Education, Assam, in the pay scale of Rs. 14,000-70,000/- including Grade
Pay of Rs. 8700/- per month (under Pay Band 2) plus other allowances, as
admissible.
The minimum educational and professional qualifications for direct
recruitment for the post of Graduate Teacher (Arts and Science) have
been specified, which include Bachelor Degree from a recognized
university with at least 50% marks in either graduation or post-graduation
(or its equivalent) and Bachelor of Education (B.Ed.) from an institution
recognized by the National Council for Teacher Education. In addition to
this academic and professional qualification, as referred to in the
advertisement, which is in consonance with the Assam Secondary
Education (Provincialised Schools) Service Rules, 2018, the candidates
are also required to satisfy few other criteria; one being that in case of
the applicants for the post of Assamese medium schools, the candidate
must have passed HSLC or equivalent examination with Assamese as one
of the subjects or have diploma in Assamese language issued by Axom
Sahitya Sabha, or read up to HSLC level in Assamese medium school.
Likewise, in case of applicants for the post in Bengali medium school,
the candidates must possess HSLC or equivalent examination with
Bengali as one of the subjects, or possess diploma in Bengali language
issued by Barak Upatayaka Bengya Sahita O Sanskriti Sammelan, or read
Page No.# 13/15
up to HLSC level in Bengali medium school.
The contention of Mr. Borthakur, learned Advocate for the
appellants is that proficiency in Assamese or Bengali language is only an
additional requirement and it is not necessary for a candidate to be in
possession of such certificate/diploma on the date when the application
form is uploaded. This additional qualification, he submits, could be
acquired by a candidate by the time the candidature of the applicants
is finally determined. Otherwise, the documents pertaining to such
additional qualification would have been required to be uploaded. In
the list of documents, which are to be uploaded, there is no mention of
such certificate/diploma of language proficiency. On the basis of afore-
noted list of documents to be uploaded at the time of filling up of the
forms, Mr. Borthakur submits, there should not be any insistence for a
candidate possessing such qualification on the date when the forms
were filled up by them. The cut-off date is only for such documents on
the basis of which the eligibility of a candidate is determined and the
documents reflecting these criteria were only required to be uploaded at
the time of filing of the application.
On the contrary, Mr. Khataniar, learned counsel for the respondents
submits that the application form to be filled up by the candidates for
recruitment clearly demanded the information whether the candidate
possessesed the certificate/diploma in language as one of the subjects, if
any, other than MIL. This clearly reflects that such certificate/diploma of
proficiency in language is an essential qualification, which a candidate
must possess on the date when the application form is filled up.
That apart, it has been submitted, that the appellants had furnished
Page No.# 14/15
wrong/erroneous information in their respective application forms by
declaring that they were in possession of certificate/diploma in the
concerned language; while the fact is that they were still pursuing the
course and had not obtained the certificate/diploma on the date of
filling up their application form. Precisely for this reason their applications
were not sifted for consideration.
In Rekha Chaturvedi (Smt) vs. University of Rajasthan, 1993 Supp (3) SCC
168 and Ashok Kumar Sharma and Others vs. Chander Shekhar and Another,
(1997) 4 SCC 18, the Supreme Court has held that the candidates who are
not qualified and not entitled to apply on the last date of application
cannot be permitted to participate in the recruitment process. Any
person acquiring the prescribed qualification subsequent to the
prescribed date would not fall in the category of eligible candidates.
Similar view has been taken by the Supreme Court in Diptimayee Parida
vs. State of Orissa and Others, (2008) 10 SCC 687.
The rationale behind such proposition is that if it were known that the
person who had obtained the prescribed qualification after the cut-off
date would also be eligible to apply, then, perhaps other candidates of
similar status also would have applied. In that case, allowing the
applicants without the essential qualification prescribed in the
advertisement would be unfair to such other persons who would not
have applied thinking that they did not possess the requisite essential
qualification.
The learned Single Judge, relying on the afore-noted principles
enunciated in Rekha Chaturvedi (supra), Ashok Kumar Sharma (supra) and
Diptimayee Parida (supra), has rejected the claim of the appellants.
Page No.# 15/15
We are in agreement with the decision of the learned Single Judge,
for we find no reason to deviate from the settled principles of law that the
essential/basic qualification, which is one of the eligibility criteria, cannot
be tinkered with and it has to be reckoned on the last date of filling up
the application form.
Decidedly, the appellants did not have the requisite qualification of
diploma or proficiency certificate in the language concerned on the
date when the application forms were filled up by them. In expectation
of acquiring such certificate/diploma, the appellants had applied and, in
some way or the other, the information provided by them in the
application forms is not factually correct.
Considering the rationale behind reckoning the eligibility criteria on
the date of filling up of the application form, which the appellants did
not possess, we are left with no option but to dismiss their appeals and to
sustain the judgment of the learned Single Judge.
We order accordingly.
All these appeals are dismissed.
JUDGE CHIEF JUSTICE
Comparing Assistant
