LOHORI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Haque, the learned counsel for the petitioner and Mr. R. Mazumdar, the learned Standing Counsel, Secondary Education Department appearing on behalf of the respondent Nos. 1, 3, 4 and 5. Also heard Ms. D.D. Barman, the learned Additional Senior Government Advocate, Assam for the respondent No. 2.

(2.) The petitioner herein has filed the instant writ petition for setting aside and quashing the final select list, Secondary Education, pursuant to the advertisement No. GD-EST/Advertisement/1/2020/11 for Graduate Teacher (Arts) of Cachar District so far as it relates to Schedule Caste category which has already been published by the respondent authorities as well as for a direction that the respondents, particularly the respondent No. 5 to publish a fresh correct final select list of Graduate Teachers (Arts) in Cachar District under Schedule Caste category and appoint the petitioner by including her name on the basis of her securing higher marks than the selected one.

(3.) The case of the petitioner is that the petitioner had completed her B.A. degree in Arts in the year 1999, M.A. (Bengali) in the year 2001 and also obtained B.Ed. degree in the year 2003 from the Assam University, Silchar. Being from the Schedule Caste category, the petitioner claims to be entitled to relaxation of age provided under the Constitution of India. The TET Empowered Committee for Secondary Education, Assam issued an advertisement No. RMSA/Special/TET/842/2017/80 dtd. 31/7/2017 for conducting special TET of High School Level Teachers stating the upper age limit not above 43 years as on 1/1/2017 for Graduate Teachers. It was provided that there would be relaxation of upper age limit for SC, ST(P), ST(H) for another 5 years as per the Government of Assam's Office Memorandum No. ABP.06/2016/04, dtd. 3/3/2016. The petitioner submitted her application through online TET (Teacher Eligibility Test), 2017 bearing application No. 17535190 (Bengali Medium). While the petitioner was waiting for the response to her application submitted in terms with the advertisement dtd. 31/7/2017, the Member Secretary, TET Empowered Committee for Secondary Education, Assam had issued another advertisement vide No. RMSA/Special/TET/842/2017/172 dtd. 13/11/2019 inviting applications from intending candidates for Graduate Teachers in Secondary Education, Assam for appearing in the Teacher Eligibility Test, medium-wise for Secondary Level in pursuance of earlier advertisement dtd. 31/7/2017. On the date of the advertisement, i.e. on 13/11/2019, a public notice was also issued by the Member Secretary, TET Empowered Committee, Secondary Education, Assam stating that the Medium TET for Secondary Level will be held on 2/12/2019.