MINU SAIKIA AND 11 ORS W/O TAPAN GOGOI FURKATING RLY LOCO COLONY Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-8-27
HIGH COURT OF GAUHATI
Decided on August 07,2018

Minu Saikia And 11 Ors W/O Tapan Gogoi Furkating Rly Loco Colony Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Mr. N. Sarma, learned Standing counsel for the Elementary Education Department.
(2.) The petitioners herein participated in a selection process for appointment of, amongst others, teachers in lower primary and upper primary schools under the Directorate of Elementary Education, Assam, which process was initiated as per the advertisement dated 21.11.2012 It is taken note of that as per the advertisement, the last date of submission of application form was 10.12.2012, with a further provision that the candidates having B.Ed or two year Diploma in Elementary Education (D. El.Ed) would have some kind of preference in the selection. Admittedly, the petitioners on the last date of submission of application form did not have their B.Ed or D. El.Ed qualification, but had acquired the same subsequent to the last date of submission but before the date of the interview. In the circumstance, they had presented their testimonials as regards the aforesaid qualification at the time of interview. But inspite of doing so, the petitioners were not selected for the purpose. Being aggrieved, the present writ petition has been preferred, wherein, the core ground taken is that some similarly situated candidates who also did not have their B.Ed or El.Ed qualification on the last date of submission of the application form, were selected and appointed by giving a due consideration to their B.Ed or D. El.Ed qualification. In course of an earlier hearing of the matter when the said issue came up, a query was put to the learned counsel for the Education Department as to whether any such candidates having their B.Ed or D. El.Ed qualification subsequent to the last date of submission of application form were also selected and appointed.
(3.) Consequence of such query resulted in a show cause notice dated 12.05.2016 being issued to such candidates who were so selected and appointed. The candidates who were so appointed had assailed the show cause notice dated 12.05.2016 by preferring a writ petition being WP(C) No.3201/2016. The said writ petition has been disposed of by an order dated 07.08.2018 providing that the petitioners therein would submit their reply to the show cause notice and the respondent authorities shall give due consideration to the same and bring the process initiated by the show cause notice of 12.05.2016 to its logical end. As in the present writ petition, the petitioners mainly rely upon the plea of discrimination that similarly situated candidates have been appointed and selected and as in respect of such candidates the aforesaid order requiring the proceeding to be brought to its logical end had been passed, this Court is of the view that the claim of the present writ petitioners for a direction to appoint them would also depend upon the outcome of the said proceeding initiated against the similarly situated candidates.;


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