Teacher recruitment advertisements challenged in Gauhati High Court; notice issued

The Gauhati High Court issued notices to the Commissioner and Secretary to the Department of Elementary Education and the Director of Elementary Education in the writ petition (WPC-347/2024) challenging two advertisements
Teacher recruitment advertisements challenged in Gauhati High Court; notice issued

Staff Reporter

GUWAHATI: The Gauhati High Court issued notices to the Commissioner and Secretary to the Department of Elementary Education and the Director of Elementary Education in the writ petition (WPC-347/2024) challenging two advertisements for filling up posts of assistant teachers in the upper primary schools as well as lower primary schools published on December 26, 2023.

The petitioners, Monoj Saikia and 19 others, challenged the two advertisements published on December 26, 2023, for filling up the posts of assistant teachers in the upper primary schools as well as the lower primary schools, issued by the Director of Elementary Education, Assam.

The petitioners claim that they obtained their graduation through the yearly system of curriculum and were subjected to a stricter evaluation in the qualifying examinations in comparison to the semester system of curriculum, where the candidates are subjected to a more liberal method of evaluation. It is further contended that the petitioners’ form a separate class than that of the candidates who have been evaluated through the semester system, and hence, in respect of employment, the petitioners should not be allowed to compete parallel to the semester system of candidates and should be given some extra privilege over the semester system candidates.

Referring to the order of this court, passed in WP(C) No. 3054/2023, it is contended that this Court has directed the respondent authorities to devise their own method as to how to retionalize the marks of the two classes of candidates and thereafter take into consideration the rationalized marks of the candidates rather than numerical marks of the respective candidates, as depicted in the respective mark sheets.

According to the petitioners, the respondent authorities, without complying with the aforesaid direction of this Court, have issued the impugned two advertisements dated December 26, 2023, specifying a common marking system for both classes, which, according to the petitioners, has violated their rights.

On perusal of the earlier order of this Court, this Court finds that there is no positive direction for such retionalization. This Court is of the prima facie view that unless the petitioners are found to be a separate class after due deliberation, those candidates who have obtained their graduation by way of semester curriculum, it is difficult to consider the grievance of the petitioners at this stage.

However, in the interest of justice, the bench of Justice Kardak Ete issued notices, making them returnable within four weeks. The Court asked for the listing of the petition for a hearing after four weeks.

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