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Writ Petition (C) No. 6827/2014 1

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Writ Petition (C) No. 6827/2014 1 IN THE GAUHATI HIGH COURT (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Writ Petition (C) No. 6827/2014 1. Md. Abdullah, S/o. Late Abdul Hai, Village and P.O. Jhowdanga, District- Dhubri, Assam. 2. Md. Siraj Uddin, S/o. Abdur Rouf, Village- Miahpara, P.O. Mankachar, District- Dhubri, Assam. 3. Md. Shafique Hussain, S/o- Zahan Uddin, Village and P.O. Jhowdanga, District- Dhubri, Assam. 5. Abdul Akher Akond, S/o. Fozlul Hoque Akond, Village- Nayagaon, P.O. Jhowdanga, District- Dhubri, Assam. 6. Md. Rakibul Islam, S/o. Kamir Uddin, Village- Bengerbhita, P.O. Kalapani, District- Dhubri, Assam. 7. Mizanur Rohman Sarker, C/o. Abdur Rohim Sarker, Village- Kharuabandha, P.O. Fekamari, District- Dhubri, Assam. 8. Sri Kaushik Kumar Saha, WP(C) Nos. 6827 and 6315/14 Page 1 of 20 S/o. Late- Dilip Kumar Saha, Village- Mahamaya Nagar, P.O. Hatsingimari, District- Dhubri, Assam. 9. Md. Abul Kalam Azad Mondal, S/o. Late- Abdul Mannan Sk, Village- Dakuamari, P.O. Sukchar, District- Dubri, Assam. 10. Salim Masood, S/o. Late- Abdus Sattar, Village- Bhandarkhuti, P.O. Raniganj, District- Dhubri, Assam. 11. Md. Foridul Islam, S/o. Md. Johirul Islam, Village- Bengerbhita, P.O. Kalapani, District- Dhubri, Assam. 12.Musaddar Rahman, S/o. Abdul Hamid, Village- Miahpara, P.O. Mankachar, District- Dhubri, Assam. 13. Shafiul Islam, C/o. Surhab Ali, Village- College Nagar, P.O. Hatsingimari, District- Dhubri, Assam. 14. Nashir Uddin Ahmed, C/o. Abdul Baten Sk, Village and P.O. Puran Diara, District- Dhubri, Assam. WP(C) Nos. 6827 and 6315/14 Page 2 of 20 15. Ziaur Rahman, S/o. Abdul Wahed Miah, Village and P.O. Kanaimara, District- Dhubri, Assam. 16. Siddika Aysha Hossain, W/o. Safiqul Ikbar Mollah, Ward-Dhubri Baza (Town), P.O. and District- Dhubri, Assam. 17.Moynul Hoque, S/o. Naif Uddin, Village- Muslimpatty, B.K. Road, P.O. and District- Barpeta, Assam. 18. Abu Bakkar Siddque, S/o. Md. Jalal Uddin, Village and P.O. Kholabandha, District- Barpeta, Assam. 17. Sabibar Rahman, S/o. Late- Akbar Ali, Village- Banbahar, P.O. Kayakuchi, District- Barpeta, Assam. 18. Sayed Tarik Uddin Ahmed, S/o. Giyas Uddin Ahmed, Village- Piachara, P.O. Ghograpar, District- Nalbari, Assam. 19. Md. Mowazzen Hussain Mondal, S/o. Md. Sayedur Rohman Mondal, Village- Bhimapara, P.O. Hatsingimari, District- Dhubri, Assam. WP(C) Nos. 6827 and 6315/14 Page 3 of 20 20. Krishna Pada Paul, S/o. Khogendra Nath Paul, Village- Charkasharipara, P.O. Fulerchar, District- Dhubri, Assam. .. Petitioners - Versus – 1) The State of Assam, Represented by the Chief Secretary, Government of Assam, Dispur, Guwahati-6. 2) The Commissioner & Secretary, Elementary Education Department, Government of Assam, Dispur, Guwahati-6. 3) The Director, Elementary Education, Assam, Kahilipara, Guwahati-19. 4) The Mission Director, Sarba Siksha Abhijan, Assam, Kahilipara, Guwahati-19. 5) The District Level Selection Committee, Represented by its Chairman, the Deputy Commissioner, Dhubri, P.O. and District- Dhubri, Assam. Pin No. 783301. 6) The District Elementary Education Officer-cum-District Mission Co-ordinator, Dhubri, District Elementary Education Circle, WP(C) Nos. 6827 and 6315/14 Page 4 of 20 Dhubri, P.O. and Dist. Dhubri, Assam. Pin No. 783301 ...Respondents Writ Petition (C) No. 6315/2014 1. Shubhasish Roy, S/o. Sumesh Prasad Roy, Brojendra Road, P.O.& Dist. Karimganj, Pin No. 788710. 2. Pinaki Deb, S/o. Krishna Gopal Deb, Steamer Ghat Road, Karimganj, P.O. & Dist. Karimganj, Pin No. 788710. 3. Animesh Das, S/o- Aribinda Das, Village Proper Magura, P.O. Longai Reserve, Dist. Karimganj, Pin No. 788728. 4. Alpana Sen, C/o. Chiranjeeb Sen, P.O. Badarpur, Jumbasti, Dist. Karimganj, Pin. 788806. 5. Keshab Lal Das, Village Maina, P.O. Kanaibazar, Dist. Karimganj. 6. Nitul Namasudra, Village Lafahail, P.O. Lakshmi Bazar, Dist. Karimganj, Pin. 788709. 7. Bappa Debnath, S/o. Binoy Chandra Debnath, Village Anibur Basti, P.O. Lilachila, Dist. Karimganj, Pin. 788734. WP(C) Nos. 6827 and 6315/14 Page 5 of 20 8. Hena Sultana, Village Takipur, 9. Kalyan Das, S/o. Late Kripamoy Das, vill. Nivia Bazar, PO- Oliviacherra, Dist. Karimganj, - 788737 10. Ranjan Debnath, Village- Suprakandi, P.O. Girishganj Bazar, District- Karimganj 788711 11. Sujit Das, S/o Sushil Chandra Das, East Market, PO & Dist. - Karimganj 788711 12. Narayani Chakraborty, C/o Nilima Chakraborty, Longai Road, , P.O. Settlement Road, District- Karimganj 788712 13. Dipshikha Das, C/o Himangshu Sekhar Das, Hospital Road (Near SP Bungalow) P.O. & District- Karimganj 788711 14. Sarabani Nandi Dey, W/o Sankar Nandi, C/o Islam Udin Choudhury, Mission Road, Badarpur, P.O. Badarpur, District- Karimganj 7888006 15. Jyotirmoy Dey, S/o Lt. Badal Chandra Dey, Hospital Road, P.O. & District- Karimganj WP(C) Nos. 6827 and 6315/14 Page 6 of 20 16. Jayashree Das, C/o Parendra Das, vill- Arenghabvad, PO- Chargula Bazar, District- Karimganj 788708 17. Minakshi Das, W/o Subir Das, Vill & PO- Karnamadhu, District- Karimganj 788712 18. Debi Roy, C/o Partha Sarathi Roy, Village- Brojendra Nagar, P.O. Girishganj Bazar, District- Karimganj 788711 19. Nur Mohammed, S/o Haji Md. Sarif Ali, Village- Masly, P.O. Bhanga Bazar, District- Karimganj 788701 20. Khukumani Sinha, S/o Prafulla Kumar Sinha, Village- Fetipath, P.O. Chamtilla, District- Karimganj 788736 21. Mumtaz Begum, D/o Late Ahmed Mustafa, Village & PO- Danishail 22. Koushik Acharjee, Village- Lowairpoa, PO- Hathikhira, District- Karimganj 788726 23. Suprio Roy, Village- Singlarpar, P.O. Gobindaganj Bazar, District- Karimganj 788733 WP(C) Nos. 6827 and 6315/14 Page 7 of 20 24. Biswajit Chakraborty, S/o Brajendra Lal Chakraborty, Ram Krishna Mission Road, P.O. Badarpur, District- Karimganj 788806 25. Sumita Sinha, D/o Sashi Kumar Sinha, Bidyarthi Bhawan Lane-3, P.O. Settlement Road, District- Karimganj 788712 26. Rita Das, D/o Dulal Chandra Das, Rly. Wireless Colony, Qtr. No. 577(D), P.O. Badarpur, District- Karimganj 788806 27. Samsul Islam Choudhury, S/o Late Abdul Hannan Choudhury, Village- Tilaiya, P.O. Sadarshi, District- Karimganj 788709 28. Ramajuj Roy, AB 3rd Floor, T.L. Heights, Station Road, District- Karimganj 788710 29. Banani Das, Village & P.O.- Mahakal, District- Karimganj 788706 30. Prasanta Dey, S/o Late Promesh Dey, C/o Bibash Das, Retired Colony, WP(C) Nos. 6827 and 6315/14 Page 8 of 20 P.O. Badarpur, District- Karimganj 31. Sanjit Das, S/o Late Sarajit Das, Village- Sarisha, PO- Silchar Road, District- Karimganj 788710 32. Papiya Nath, W/o Subir Das, Luhga Lane, Ram Krishna Mission Road, P.O. & District- Karimganj 33. Durjoy Nath, Son of RK Nath, Chat Line , Durgapalli, P.O.& District- Karimganj and others. .. Petitioners - Versus – 1) The State of Assam, Represented by the Commissioner & Secretary, Education (Elementary ) Department, Government of Assam, Dispur, Guwahati-6. 2) The Director, Elementary Education, Assam, Kahilipara, Guwahati-19. 3) The Deputy Commissioner, Karimganj and Chairman, The District Level Selection Committee for selection of Teacher in Provincialized LP Schools under the Directorate of Elementary Education, Assam, Dist. Karinganj, Assam WP(C) Nos. 6827 and 6315/14 Page 9 of 20 4) The District Elementary Education Officer, Karimganj and the Member Secretary to the District Level Selection Committee for selection of Teachers, 2014 in Provincialized LP Schools under the Directorate of Elementary Education, Assam, Dist. Karinganj, Assam 5) The Assam Sarva Siksha Mission represented by the Mission Director, Kahilipara, Guwahati -19 ...Respondents B E F O R E HON’BLE MR. JUSTICE T. VAIPHEI For the petitioners: Mr. AM Bujorbaruah, Mr. M Dutta, Advocates. For the respondents: Mr. N Sarma, SC, Elem, Edn. Mr. S Sarma, SC, SSA. Date of Hearing: 30-01-2015 Date of Judgment: 12-03-2015 JUDGMENT & ORDER (CAV) Both the two writ petitions projecting the common grievances of the two sets of the petitioners were heard together, and are now being disposed of by this judgment. The facts and circumstances prompting them to file the writ petitions may be briefly noticed separately as under:─ WP(C) Nos. 6827 and 6315/14 Page 10 of 20 2. The material facts of the case in WP(C) No. 6827/14 are that the Director of Elementary Education, Assam (respondent 3) issued the advertisement dated 31-10-2014 inviting online applications in the prescribed format from all eligible TET (Teacher Eligibility Test) qualified candidates for district-wise filling up of 8193 vacant posts of Assistant Teacher in selected Government/Provincialized Lower Primary Schools under the Directorate of elementary Education, Assam. Out of these vacant posts, 2842 posts are earmarked for Dhubri District and out of these 2842 vacant posts, 745 posts are reserved for South Salmara Mankachar Sub-Division. It was stipulated in the advertisement that preference is to be given to those who have 2 years Diploma in Elementary Education and 2 years Diploma in Elementary Education (Special Education) from recognized institutes. It is the case of the petitioners that except for South Salmara Mankachar Sub-Division, 2 years course of Diploma in Elementary Education was started for contractual appointees for the remaining Sub-Divisions and Districts in the year 2012 thereby enabling this group of candidates to become qualified for the posts of Assistant Teacher by the time the recruitment process commenced. But in the case of the petitioners, with the course for Diploma in Elementary Education starting only in 2013 and they will be completing the course only by the end of 2015, no candidate from the said entire sub-division is able to fulfil this preferred qualification for the ongoing recruitment process. 3. In WP(C) No. 6315/14, the petitioners are also TET qualified teachers of 2012 and have been engaged as Assistant Teachers under the SSA on contractual basis. They belong to Karimganj District. Like the petitioners in WP(C) No.
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