LAWS(GAU)-2017-7-33

MAHENDRA NATH MUDOI Vs. STATE OF ASSAM

Decided On July 31, 2017
MAHENDRA NATH MUDOI Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Basic challenge in this bunch of writ petitions and writ appeals is to the constitutionality of the Assam Secondary Education (Provincialised) Service (Amendment) Rules, 1991 and the Assam Secondary Education (Provincialised) Service Rules, 2003, more particularly, Assam Secondary Education (Provincialised) Service (Amendment) Rules, 2012. Incidental relief claimed is for a direction to fill up the posts of Headmaster and Principal of High Schools and Higher Secondary Schools in accordance with the provisions of the Assam Secondary Education (Provincialised) Service Rules, 1982. In the writ appeals, the additional challenge is to the judgments of the learned Single Judge rejecting the individual grievance of the appellants for holding the said posts by relying upon the Assam Secondary Education (Provincialised) Service Rules, 1982.

(2.) Raison d'etre for the aforesaid challenge is insistence on B.Ed./BT degree as an essential educational qualification for appointment to the aforesaid posts which was not the requirement under the unamended Assam Secondary Education (Provincialised) Service Rules, 1982 and the Assam Secondary Education (Provincialised) Service Rules, 2003 which are banked upon by the petitioners and appellants, since they do not possess the said qualification; as it was not one of the prescribed qualifications when they had entered into service.

(3.) There is hardly any factual controversy which may require a detailed factual narration for the purpose of adjudication of the present bunch of writ petitions and writ appeals. However, to put the matter in proper perspective, it would be appropriate to provide a brief legislative narration.