GAUHATI HIGH COURT ISSUES ORDER FOR RUPAM ROY AND OTHRS V/S THE STATE OF ASSAM AND ORS

GUWAHATI, India, July 29 -- Gauhati High Court issued the following order on June 30:

1. Heard Mr. M. Kalra, learned counsel for the petitioners through video conferencing. Also heard Mr. S. Chistie, learned Standing Counsel, Elementary Education, for respondent Nos. 1 & 2; Ms. M. Barman, learned counsel appearing on behalf of Ms. A. Gayan, learned Central Government Counsel for respondent No. 3; and Mr. I. Alam, learned Standing Counsel, NCTE for respondent No. 4.

2. This writ petition under Article 226 of the Constitution of India has been filed challenging the impugned Notification No. EAA/SIU/36/2025/3, dated 17.06.2025, issued by the Directorate of Elementary Education, Assam.

3. Issue notice to the respondents, returnable on 30.07.2025.

4. As Mr. S. Chistie, learned Standing Counsel, Elementary Education, for respondent Nos. 1 & 2; Ms. M. Barman, learned counsel appearing on behalf of Ms. A. Gayan, learned Central Government Counsel for respondent No. 3; and Mr. I. Alam, learned Standing Counsel, NCTE for respondent No. 4, have entered appearances and accepted notices on behalf of their respective respondents, no formal notices are required to be issued to the said respondents. However, they shall be furnished with requisite extra-copies of the petition, along with the annexures appended thereto, during the course of the day.

5. Petitioner shall take steps for service of notice upon respondent No. 5 through registered post with A/D as well as by usual process within 4 (four) working days from today.

6. Heard on the prayer for interim relief.

7. Mr. Kalra, learned counsel for the petitioners, submitted that all the petitioners are the in-service teachers, who obtained their 18 months Diploma in Elementary Education through open and distance learning mode from National Institute of Open Schooling (NIOS) and have been serving since 10.08.2017. He further submitted that the present matter has arisen out of the advertisement Nos. A and B dated 26.12.2023, whereby the respondent Nos. 1 & 2 invited applications to fill 5500 vacancies for Assistant Teachers in Lower Primary and Upper Primary Schools in Assam. However on 02.01.2024, the respondent authorities arbitrarily issued a disqualifying notice excluding candidates with 18 months D.El.Ed from NIOS wrongly interpreting the judgment of the Hon'ble Supreme Court dated 28.11.2023, passed in the case of Jasveer Singh & Ors. Vs. State of Uttarakhand, despite the fact that the said judgment pertains only to fresh candidates and had no bearing on in-service teachers enrolled through the State facilitated mechanisms. Aggrieved by this misapplication, a review petition was also filed before the Hon'ble Supreme Court by the affected stakeholders wherein the Hon'ble Supreme Court categorically upheld the validity of the 18 months D.El.Ed for in-service teachers as on 10.08.2017. Despite this, the respondent No. 2 on 17.06.2025, issued the impugned notification for the purpose of document verification under the ongoing recruitment pursuant to the advertisement Nos. A & B. The said notification seeks to nullify them by introducing fresh, extraneous and impractical conditions such as admission slips, UDISE codes, minutes of School Management Committees (SMCs), authenticated attendance registers, salary slips, and other institutional records that are impossible to furnish, especially for those who served in private, rural or now-defunct institutions.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4yHSZoMqnvEJN72Rj36EaS657kB6s5ArsXTw%2FcZzOj3&caseno=WP(C)/3794/2025&cCode=1&cino=GAHC010144792025&state_code=6&appFlag=)

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