RAJU CHAKRABORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the review petitioners. Also heard Mr. N. Khataniar, learned Standing counsel, Education (Elementary) Department, Government of Assam appearing for respondents.

(2.) This review petition is directed against the common judgment and order dated 04.09.2020 rendered in WP(C)/8068/2019 and other connected writ petitions whereby WP(C)/8068/2019, WP(C)/5572/2017, WP(C)7174/2017 and WP(C)/7387/2017 were taken up together for hearing and disposal.

(3.) The skeletal facts necessary in addressing the issues raised in the present review petition are that by an advertisement dated 12.02.2014 issued by the Mission Director, Sarva Siksha Abhiyan (SSA), Assam applications were invited for recruitment on contractual basis to the posts of Assistant Teachers in Lower Primary School across eight (8) districts of Assam. The applications of the petitioners were rejected by the Respondent Authorities as they did not secure 50% marks in their Higher Secondary examination as per the Recruitment Rules. The petitioners being aggrieved, challenged the rejection before this Court by filing WP(C)/6879/2014. The grievances of the petitioners were that inspite of they being graduates from UGC recognized universities, their Graduate qualifications were not taken into consideration and instead their cases were rejected as they did not obtain 50% marks in their Higher Secondary examination. During the course of hearing, the State Respondents submitted that their case may have been rejected because of the age bar which, however, was disputed by the petitioners as their age bar had already been condoned by the Department. A Single Bench of this Court vide order dated 02.02.2015 disposed of the said writ petition by holding that 50% marks in Higher Secondary examination is not necessary in case of graduate candidates like the petitioners and therefore, the Department was directed to make an enquiry as to whether their candidatures were rejected on the ground of age bar and thereon was passed necessary orders.