GAUHATI HIGH COURT ISSUES ORDER FOR BEAUTI CHETIA V/S THE STATE OF ASSAM AND 9 ORS CASE

GUWAHATI, India, June 7 -- Gauhati High Court issued the following order on May 7:

1. Heard Mr. D. Das, learned counsel for the petitioner as well as Mr. R. Mazumdar, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1, 2 and 6. Also heard Mr. A. Deka, learned counsel appearing for the respondent Nos. 7 and 8 and Mr. M. Dutta, learned counsel for the respondent No.9.

2. The Principal, Central Dharamtul M. Bora Higher Secondary School, DistrictMorigaon, issued an advertisement on 24.02.2018 for filling up 03(three) posts of Post Graduate Teachers, namely, Mathematics (Unreserved), History (Reserved for Physically Disabled) (Unreserved) and Geography (Unreserved). In the said advertisement, the eligibility criteria provided was that candidates who have qualified in Teachers Eligibility Test (in short TET) Examination conducted for Post Graduate Teachers are only eligible to apply for the post of Post Graduate Teacher and the date of interview was fixed on 02.03.2018. The petitioner being qualified, applied for the post of Post Graduate Teacher, Geography (Unreserved). The respondent Nos. 9 and 10 also applied for the said post of Geography (Unreserved).

3. The recruitment to the post of Post Graduate Teacher in provincialised Higher Secondary Schools is governed by the guidelines provided in the Office Memorandum dated 14.07.2016 issued by the Secondary Education Department, Government of Assam. After the recruitment process was conducted against the advertisement dated 24.02.2018, the Director of Secondary Education, Assam published an order dated 28.12.2018, appointing candidates temporarily as Post Graduate Teacher against the vacant posts in the Provincialised Secondary Schools of Assam under Morigaon district. In the said order, the respondent No.10 is shown appointed against the post of Geography in the category of Unreserved in the Rangadaria H.S School at Serial No.2 and the respondent No.9 is shown appointed for the subject Geography in the category of Unreserved in the Central Dharamtul M. Bora Higher Secondary School at Serial No.3. Being aggrieved, the petitioner has filed the present writ petition challenging the appointment of the respondent No.9 as Post Graduate Teacher (Geography) in the Central Dharamtul M. Bora Higher Secondary School with a further direction to appoint the petitioner as Post Graduate Teacher (Geography) in the said Central Dharamtul M. Bora Higher Secondary School.

4. Mr. D. Das, learned counsel for the petitioner submits that after the recruitment process wherein the petitioner and the respondent Nos. 9 and 10 appeared in the interview, the petitioner came to be selected as the first candidate and therefore, the Principal, Central Dharamtul M. Bora Higher Secondary School/respondent No.8 instructed the petitioner to submit an undertaking stating that she will join as Subject Teacher, Geography in the said school, if she gets selected. Accordingly, the petitioner on 09.03.2018 submitted the undertaking before the respondent No.8. However, by the order dated 28.12.2018 issued by the Director of Secondary Education, Assam, the respondent No.9 was shown to have been selected against the post of Post Graduate Teacher in the subject Geography. It is submitted that in terms of the advertisement, the post of Post Graduate Teacher, Geography in the said school is for the Unreserved category. The petitioner belongs to the OBC category and in terms of the ratio laid down by the Hon'ble Supreme Court of India in the case of Saurav Yadav and others -vsState of Uttar Pradesh and others, reported in AIR 2021 SC 233, the petitioner becomes eligible to apply for the said post inasmuch as, the Unreserved category indicates that it is an open category. The learned counsel for the petitioner also relies in the case of Vikas Sankhala and others -vs- Vikas Kumar Agarwal and others, reported in (2017) 1 SCC 350.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62Wn1uE6LE3Lb4pcUTOxQP0vT2pln%2FSyWn2MYibLMjOqUy&caseno=WP(C)/142/2019&cCode=1&cino=GAHC010004332019&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.