Dipanka Borah Vs State Of Assam And 3 Ors

1. 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

4. 1.NCC Certificate-5 marks Even if the candidate for “C” Certificate and 3 possesses all the three

5. marks for “B” Certificate

6. qualification/achievements

7. 5 marks (Maximum)

8. (Non-essential)

9. Schools.

10. (TET) for Lower Primary

11. Assam TET or Central TET Teachers for Lower Primary

12. Eligibility

13. Test

14. And

15. 85% of marks secured in 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:-

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:-

(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 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 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.