ABDULLAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH THE TWO WRIT PETITIONS PROJECTING THE COMMON GRIEVANCES OF THE TWO SETS OF THE PETITIONERS WERE HEARD TOGETHER,AND ARE NOW BEING DISPOSED OF BY THIS JUDGMENT.THE FACTS AND CIRCUMSTANCES PROMPTING THEM TO FILE THE WRIT PETITIONS MAY BE BRIEFLY NOTICED SEPARATELY AS UNDER:-

(2.) THE MATERIAL FACTS OF THE CASE IN WP(C) NO.6827/14 ARE THAT THE DIRECTOR OF ELEMENTARY EDUCATION,ASSAM (RESPONDENT 3) ISSUED THE ADVERTISEMENT DATED 31.10.2014 INVITING ONLINE APPLICATIONS IN THE PRESCRIBED FORMAT FROM ALL ELIGIBLE TET (TEACHER ELIGIBILITY TEST) QUALIFIED CANDIDATES FOR DISTRICT-WISE FILLING UP OF 8193 VACANT POSTS OF ASSISTANT TEACHER IN SELECTED GOVERNMENT/PROVINCIALIZED LOWER PRIMARY SCHOOLS UNDER THE DIRECTORATE OF ELEMENTARY EDUCATION,ASSAM.OUT OF THESE VACANT POSTS,2842 POSTS ARE EARMARKED FOR DHUBRI DISTRICT AND OUT OF THESE 2842 VACANT POSTS,745 POSTS ARE RESERVED FOR SOUTH SALMARA MANKACHAR SUB-DIVISION.IT WAS STIPULATED IN THE ADVERTISEMENT THAT PREFERENCE IS TO BE GIVEN TO THOSE WHO HAVE 2 YEARS DIPLOMA IN ELEMENTARY EDUCATION AND 2 YEARS DIPLOMA IN ELEMENTARY EDUCATION (SPECIAL EDUCATION) FROM RECOGNIZED INSTITUTES.IT IS THE CASE OF THE PETITIONERS THAT EXCEPT FOR SOUTH SALMARA MANKACHAR SUB-DIVISION,2 YEARS COURSE OF DIPLOMA IN ELEMENTARY EDUCATION WAS STARTED FOR CONTRACTUAL APPOINTEES FOR THE REMAINING SUB-DIVISIONS AND DISTRICTS IN THE YEAR 2012 THEREBY ENABLING THIS GROUP OF CANDIDATES TO BECOME QUALIFIED FOR THE POSTS OF ASSISTANT TEACHER BY THE TIME THE RECRUITMENT PROCESS COMMENCED.BUT IN THE CASE OF THE PETITIONERS,WITH THE COURSE FOR DIPLOMA IN ELEMENTARY EDUCATION STARTING ONLY IN 2013 AND THEY WILL BE COMPLETING THE COURSE ONLY BY THE END OF 2015,NO CANDIDATE FROM THE SAID ENTIRE SUB-DIVISION IS ABLE TO FULFIL THIS PREFERRED QUALIFICATION FOR THE ONGOING RECRUITMENT PROCESS.

(3.) IN WP(C) NO.6315/14,THE PETITIONERS ARE ALSO TET QUALIFIED TEACHERS OF 2012 AND HAVE BEEN ENGAGED AS ASSISTANT TEACHERS UNDER THE SSA ON CONTRACTUAL BASIS.THEY BELONG TO KARIMGANJ DISTRICT.LIKE THE PETITIONERS IN WP(C) NO.6827/14,THEY COULD NOT ENROLLED THEMSELVES FOR THE TWO YEARS OF DIPLOMA IN ELEMENTARY EDUCATION AS THE STATE RESPONDENTS COULD NOT PROVIDE THEM THE APPROVED INSTITUTE IN THE YEAR 2012.THEY WERE,HOWEVER,ENROLLED FOR THE COURSE IN THE YEAR 2013,AND WILL BE ABLE TO COMPLETE THE COURSE ONLY BY THE END OF 2015 BY WHICH THE TIME ONGOING RECRUITMENT PROCESS WILL HAVE BEEN OVER.AS THEY HAVE NOT COMPLETED TWO YEARS OF DIPLOMA IN ELEMENTARY EDUCATION,THE PREFERENTIAL TREATMENT GIVEN TO THIS PROFESSIONAL QUALIFICATION IN THE IMPUGNED ADVERTISEMENT WILL STAND IN THE WAY OF THEIR GETTING SELECTED.IN TERMS OF THE IMPUGNED ADVERTISEMENT,THERE ARE 753 POSTS OF ASSISTANT TEACHERS FOR RECRUITMENT FROM KARIMGANJ DISTRICT.THUS,THE FACTS IN BOTH THE WRIT PETITIONS ARE VIRTUALLY ONE AND SAME. 3.ACCORDING TO THE PETITIONERS,THE INEVITABLE EFFECT NOT PROVIDING INSTITUTES TO THEM TO UNDERGO THE COURSE IS THAT ALL THE PETITIONERS ARE BEING DEPRIVED OF THE PREFERRED QUALIFICATION OF 2 YEARS DIPLOMA IN ELEMENTARY EDUCATION.THE CANDIDATES BELONGING TO OTHER DISTRICTS AND SUB-DIVISIONS OF ASSAM ARE NOW BEING GIVEN AN OPPORTUNITY TO BE RECRUITED TO THE POSTS OF ASSISTANT TEACHER BY HAVING THE PREFERRED QUALIFICATION WHILE DENYING SUCH OPPORTUNITY TO THE PETITIONERS,WHICH IS ARBITRARY AND DISCRIMINATORY.THE SPECIFIC CASE OF THE PETITIONERS IS THAT THOUGH THEY WERE ALSO READY AND WILLING TO UNDERGO THE 2 YEARS COURSE OF DIPLOMA IN ELEMENTARY EDUCATION LIKE OTHERS,SUCH FACILITY WAS NOT AVAILABLE IN 2012: THE REQUIRED INSTITUTION FOR UNDERGOING THE 2 YEARS COURSE OF DIPLOMA IN ELEMENTARY EDUCATION WAS NOT DESIGNATED FOR SOUTH SALMARA SUB-DIVISION FOR THE YEAR 2012.ACCORDING TO THE PETITIONERS,THE MISSION DIRECTOR,ASSA MISSION,ASSAM (RESPONDENT 4) IN THE LETTER DATED 5.6.2013 INFORMED THE DIRECTOR/D.EL.D PROGRAMME,KRISHNA KANTA HANDIQUE STATE OPEN UNIVERSITY,GUWAHATI THAT DUE TO NON-AVAILABILITY OF NCTE APPROVED STUDY CENTRE FOR THE COURSE AT SOUTH BANK OF BRAHMAPUTRA,THE UNTRAINED TEACHERS OF DHUBRI DISTRICT WERE NOT ABLE TO ATTEND THE ONGOING D.EL.ED.TRAINING,THAT THE NUMBER OF UNTRAINED TEACHERS IN THE DISTRICT WAS,MOREOVER,LARGE (SANCTIONED POSTS 5483) AND THE ALLOTTED FIVE STUDY CENTRES WERE NOT SUFFICIENT TO COVER ALL THE UNTRAINED TEACHERS.THE MISSION DIRECTOR,THEREFORE,REQUESTED HIM TO MAKE NECESSARY CORRESPONDENCE WITH THE NCTE FOR APPROVAL OF THREE MORE STUDY CENTRES FOR THE DISTRICT VIZ.2 FOR THE SOUTH BANK AND 1 FOR THE NORTH BANK OF BRAHMAPUTRA SO THAT THE TRAINING PROGRAMME MIGHT BE CONDUCTED SMOOTHLY IN THE DISTRICT.THE SOUTH BANK OF BRAHMAPUTRA IS NONE OTHER THAN SOUTH SALMARA MANKAHAR SUB-DIVISION.THUS,IT WAS ONLY ON THE ESTABLISHMENT OF SUCH INSTITUTES THAT IN THE YEAR 2013 THAT THE PETITIONERS WERE SELECTED AND DEPUTED TO UNDERGO FOR THE 2 YEARS COURSE OF DIPLOMA IN ELEMENTARY EDUCATION,BUT THEN THEY WOULD BE ABLE TO COMPLETE THE COURSE ONLY IN 2015 BY WHICH TIME THE ONGOING RECRUITMENT PROCESS WOULD BE OVER.