BARNALI DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) As all the three writ petitions i.e. WP(C) 804/2017, WP(C) 76/2017 and WP(C) 1832/2017 raises a common issue, the same are heard and disposed of by this common judgment. For ease of reference, the primary pleadings in WP(C) 804/2017 are taken note of, save the basic facts in the other two. An affidavit-in-opposition filed on behalf of the Director of Elementary Education, Assam in WP(C) 804/2017 is on record.

(2.) On 30.08.2016, an Advertisement was issued from the Office of the Director of Elementary Education, Assam by which online applications were invited from citizens of India who have qualified in Upper Primary Teacher Eligibility Test (TET) and having Diploma in Elementary Education (DElEd)/ Basic Education (B.Ed.) qualification for filling up 5144 nos. of regular vacant posts of Teachers in Upper Primary Schools under the Directorate of Elementary Education, Assam. The said Advertisement covered 21 (twenty one) Districts of Assam. A similar Advertisement covering as many districts was issued on the same date for filling up 6134 nos. of regular vacant post of Teachers in Lower Primary Schools under the same Directorate from those who have qualified in Lower Primary Teacher Eligibility Test and DElEd. Both the Advertisements, apparently, excluded the Sixth Schedule Districts, namely, Baksa, Chirang, Dima Hasao, Kokrajhar, Karbi Anglong and Udalguri.

(3.) The two writ petitioners in WP(C) 804/2017 applied for posts in Upper Primary Schools in Nalbari and Barpeta districts respectively, being in possession of the requisite qualifications. According to the said petitioners, they have been provisionally selected and their names figure at serial no. 36 and 574 of the Select List of the districts concerned.