DIPANKAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned senior counsel and the learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Advocate General, assisted by Mr. R. Mazumdar, learned standing counsel for the Secondary Education Department and Mr. K.N. Choudhury, learned senior counsel assisted by Mr. D.J. Das, learned counsel for the private respondent nos. 5 to 717 in W.P.(C) 3739/2020.

(2.) Based upon common facts, similar issues arise for determination in these series of writ petitions filed under Article 226 of the Constitution of India. At the instance of the learned senior counsel and counsel appearing for all the parties, these matters were heard in the admission stage. These writ petitions have broadly been segregated under four following categories, viz.,

(3.) Shorn of unnecessary details, the case of the petitioners is that they are all graduates in different stream and that except for having TET qualification then, they otherwise have all the requisite qualification for being selected and appointed as teacher in the High Schools and Higher Secondary Schools in the State. On 13/11/2019, the Member Secretary, TET Empowered Committee had issued an advertisement bearing no. RMSA/Special TET/ 842/2017/172 in online portal inviting applications for medium wise (Assamese, Bengali, Bodo, Manipuri and Hindi medium) TET for Secondary level to be conducted by the Government of Assam. The pre-requisite for being eligible for appearing in TET was that the intending candidate must have Graduate/ Post Graduate Degree from a recognized University with 50% marks and a Degree of B.Ed. from National Council of Teacher Education (NCTE for short). It was specifically mentioned therein that the candidates would have to qualify in both the parts separately to qualify in the examination. Moreover, for general category candidates, 60% marks was required to be obtained in each part, i.e. Part-I and Part-II of the question booklet and in case of candidates belonging to SC/ST/OBC/MOBC/PWD category, relaxation of 5% marks was provided for, i.e. 55% marks was to be obtained in each of the two parts separately. Thereafter, the TET examination was held on 19/1/2020 and the result was declared on 4/3/2020.