SHAHUD AHMED BARLASKAR AND 8 ORS Vs. STATE OF ASSAM AND 8 ORS
LAWS(GAU)-2018-7-90
HIGH COURT OF GAUHATI
Decided on July 26,2018

Shahud Ahmed Barlaskar And 8 Ors Appellant
VERSUS
State Of Assam And 8 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. K. Uddin, learned counsel for the writ petitioners. I have also heard Mr. A. Deka, learned Standing Counsel, Secondary Education Department, Assam, appearing for respondent Nos.1 to 4. None appears for respondent Nos.5 to 9.
(2.) The writ petitioners herein, numbering 9 in total, are working as Graduate Teachers in the various Higher Secondary Schools situated in the districts of Cachar and Hailakandi headed by the respondent Nos.5 to 9 as Principals. The case of the petitioners in a nutshell is that with a view to tide over the crisis of Postgraduate Teachers in the Higher Secondary Schools the Government of Assam had issued Office Memorandum dated 19.05.2012 directing the Graduate Teachers with postgraduate degrees to teach in the Classes XI and XII as Subject Teachers in their relevant subjects and considering the fact that the writ petitioners are all postgraduate degree holders, they have been made to teach the students of Classes XI and XII. Since the responsibility to teach the students of Classes XI and XII is of the Postgraduate Teachers, hence, the petitioners have claimed the pay scale of Postgraduate Teachers for the period from 19.05.2012 and also a further direction from this Court to regularly adjust them against the vacant posts of Postgraduate Teachers (Subject Teachers).
(3.) By filing counter affidavit the department has taken a stand that after the enactment of the Right to Education Act, 2009 Class-VIII has been detached from the Secondary School as a result of which the High Schools have been reduced to only two classes i.e. Classes-IX and X thereby reducing the workload of Graduate Teachers. It is also the stand of the respondents that in the absence of TET qualification, no teacher can be appointed as Postgraduate Teachers in the Higher Secondary Schools since the Rules do not permit the same. The official respondents have also stated that steps have already been initiated to fill up all vacant posts of Subject Teachers, hence, the involvement of the Graduate Teachers in the matter is purely temporary in nature.;


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