Decided on September 24,2018

Arup Kr. Medhi And ors. Appellant
STATE OF ASSAM And ORS. Respondents


M.R.PATHAK,J. - (1.) Heard Mr. K.K. Mahanta, learned senior counsel assisted by Mr. K.M. Mahanta, learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Senior Advocate and Additional Advocate General of the State assisted by Mr. A. Deka, learned counsel for the respondent Nos.1 to 3 and Mr. S.C. Keyal, learned ASGI for respondent No.4.
(2.) The issues involved in this writ petition are - (I) Whether a Writ of Mandamus or similar writ or direction can be issued directing the respondents State of Assam in the Elementary Education Department to relax the requirement of Teacher Eligibility Test (TET) Examination so as to proceed with selection process pursuant to the impugned Advertisements 'A' and 'B' dated 11.03.2018 and to consider the case of the petitioners for selection and appointment as Lower Primary and Upper Primary Teachers subject to their qualifying in the TET Examination as and when the same is going to be conducted by the Appropriate Government i.e., by the State Government? (II) Whether holding of TET Examination at least once every year by the Appropriate Government, i.e., by the respondent State Government herein is mandatory as per the Guideline of the NCTE dated 11.02.2011? (III) Whether a Writ of Certiorari can be issued quashing (i) the requirement of TET Examination pass criteria for Lower Primary School as specified in the impugned Advertisement-A dated 11.3.2018 and (ii) the requirement of TET Examination pass criteria for Upper Primary School as specified in the impugned Advertisement-B dated 11.3.2018 with a declaration that those requirements are unjustified with regard to the petitioners and not enforceable against them for not holding the General TET Examination in the State for last Six years?
(3.) Brief facts of the case is that the Director of Elementary Education (DEE), Assam, respondent No.3 on 11.03.2018 made two advertisements. One the 'Advertisement-A' under No. EAA/SIU/125/2018/22 inviting online applications from the eligible candidates, who are Citizens of India as defined in Articles 5 to 8 of the Constitution of India for filling up of 5393 numbers of regular vacant posts of teachers in Lower Primary Schools (LPS) in Assamese, Bengali, Hindi and HMAR medium provincialised LP Schools with reservation for Scheduled Caste / Scheduled Tribes (Plains) / Scheduled Tribes (Hills) / OBC / MOBC in the Scale of Pay of Pay Band II @ Rs. 14,000/- to Rs. 49,000/- plus Grade Pay as admissible, in 21 districts of Assam and those Districts are 1) Barpeta, 2) Bongaigaon, 3) Cachar, 4) Darrang, 5) Dhemaji, 6) Dhubri, 7) Dibrugarh, 8) Goalpara, 9) Golaghat, 10) Hailakandi, 11) Jorhat, 12) Kamrup (Metropolitan), 13) Kamrup, 14) Karimganj, 15) Lakhimpur, 16) Morigaon, 17) Nagaon, 18) Nalbari, 19) Sivasagar, 20) Sonitpur and 21) Tinsukia. The said advertisement gave the district wise breakup of the vacancies, medium wise in Assamese, Bengali, Hindi and HMAR mediums as well as category wise for reserved (SC, ST(P), ST(H), OBC/MOBC) and unreserved in provincialised Lower Primary Schools in those 21 districts.;

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