SWAPNA SIKHA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned senior counsel/ counsel for the parties.

(2.) The petitioner in both the writ petitions project that they are holding Ph.D. degree and are serving as senior lecturers in District Institute of Educational Training (DIET for short). The petitioner in W.P.(C) 4255/23 is serving in DIET, Dalgaon, Cachar. The petitioner in W.P.(C) 4963/2023 is serving in DIET, Udharbond, Cachar. It is the case of the petitioners that as they have the Ph.D. Degree and they both are otherwise in the zone of consideration for being considered for promotion to the post of Principal, DIET. The Selection Board by its minutes dtd. 7/7/2023, had recommended names of 17 senior lecturers serving in DIETs in the State of Assam for filling up 17 (seventeen) vacant posts of Principal of DIETs in Assam. The State Government, through its Department of Education, has accepted the recommendations of the Selection Board minutes dtd. 7/7/2023. Accordingly, by filing these two writ petitions under Article 226 of the Constitution of India, the petitioners have laid challenge to the selection on the ground that the senior lecturers whose names were recommended by the Selection Board did not have Ph.D. Degree and M.Ed Degree with 55% which is the requirement under the guidelines of the National Council for Teacher Education (NCTE for short), which is projected to be mandatory.

(3.) In the affidavit-in-opposition filed by the Secretary to the Govt. of Assam Department of School Education (respondent no.2) in connection with W.P.(C) 4255/ 2023, it has been stated, amongst others, that pursuant to direction contained in (i) the order dtd. 2/9/2022, passed by this Court in W.P.(C) 5761/2022 - Md. Taj Uddin Laskar Vs. State of Assam , and (ii) order dtd. 12/3/2021, passed by this Court in W.P.(C) 1667/2021 - Eusob Ali Sheikh Vs. State of Assam , a fresh provisional gradation list in respect of cadre of senior lecturers of DIETs in Assam was published vide Govt. notification dt. 18/3/2023. The objections/ grievances of 12 (twelve) incumbents was considered and resolved vide order no. AEE.12/2023/196 dt. 30/6/2023.