NRIPEN CHANDRA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions based on the same set of facts raising the same issue have been heard analogously and are being disposed of by this common judgment and order. In both the writ petitions, the petitioners are Assistant Teachers of M.E. Schools. While in WP(C) No. 4824/2012, the petitioner is B.A., B.Ed., in the second writ petition being WP(C) No. 4825/2012, the petitioner is B.Sc. Degree holder.

(2.) Referring to the provisions of the National Council for Teacher Education Regulation (in short, "NCTE") notified vide notification dated 23rd August, 2010 and the Right of Children to Free and Compulsory Education Act, 2009 as well as the Assam Right of Children to Free and Compulsory Education Rules, 2011, it is the case of the petitioners that the private respondents being not graduate, they are not entitled to get promotion to the post of Headmasters. It will be pertinent to mention here that the said two respondents have been promoted to the post of Headmasters having been empanelled pursuant to the selection.

(3.) I have heard Mr. U.K. Das, learned counsel for the petitioners and have also heard both Mr. U.K. Goswmai and Mr. J. Abedin, learned standing counsel, Education Department.