LAKHYADHAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. K. Sharma, learned counsel for the petitioners. Issue notice, returnable on 25.02.2010.

(2.) Mr. S. Biswas, learned counsel, assisting Mr. D. Mazumdar, learned Additional Advocate General Assam, accepts notice on behalf of respondent Nos.1, 2 and 5 whereas Mr. I. Alom, learned counsel appears for respondent Nos.3 and 4.

(3.) Learned counsel for the petitioners have prayed for staying the impugned advertisement dated 13.11.2019 on the ground that insistence of the State authorities to appear in Teachers Eligibility Test (TET) examination to be held in terms of the impugned advertisement for the purpose of appointment to the post of Graduate Teachers in Secondary Education Department is illegal inasmuch as the NCTE Regulations do not insist on possession of TET for the purpose of appointment to the post of Graduate Teachers in Secondary Education Department and, as such, by issuing the impugned advertisement for appearing in the TET, the petitioners who are already in service on contractual basis and do not possess TET, their interest would be prejudiced. Further, the impugned advertisement is contrary to the decision of the State Government not to conduct TET for appointment of Graduate Teachers in the Secondary Education Department and to await till the judgment/clarity in the case of contractual teacher is received from the Hon'ble High Court as contained in the letter dated 15.12.2017.