RAJESH CHAKROBORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Purkayastha, learned counsel for the petitioners as well as Ms. P. Chakraborty, learned counsel representing respondent no. 1. Mr. C. Baruah, Advocate have entered appearance on behalf of respondent no. 2.

(2.) The primary question raised in this petition is to the constitutionality of clause 8, Schedule II appended to the Assam Education Service Rules, 1982 (hereinafter alluded to as 'the Rules'). Petitioners seek modification to that part of clause 8 where experience as teacher in Secondary Schools is made a requirement for the post of Assistant Inspector of Schools. It is the contention of the petitioners that whereas in the higher post of Inspector of Schools there is no such requirement, save and except teaching experience in schools and colleges, in the feeder post of Assistant Inspector of Schools there is a rigorous requirement of teaching experience in Secondary Schools. The difference in such qualification, according to the petitioners, is discriminatory, not based on any intelligible differentia and suffers from non-application of mind.

(3.) Before proceeding further, it would be apposite to reproduce the relevant provisions of the Rules which has a direct bearing on the determination of this case. Rule 8 of the Rules prescribes that the academic qualification of a candidate for direct recruitment would be as given in Schedule II to the Rules. Clause 8 of Schedule II which lays down the qualifications and experience required for the post of Assistant Inspector of Schools, is as follows: