GUWAHATI, India, Oct. 22 -- Gauhati High Court issued the following order on Sept. 22:
By filing this application, the applicants have sought for a direction to the respondent authorities to keep 26 (twenty six) posts of Upper Primary Hindi Teachers vacant till final disposal of the connected writ petition, i.e., WP(C) 4555/2025.
The applicants as writ petitioners had earlier approached this Court by filing WP(C) 3100/2022 challenging the prescription of educational qualification of graduation from UGC recognized University having Hindi as one of the subject amongst others for the post of Hindi Upper Primary School Teacher. The applicants/writ petitioners are graduates and also having Pravin in Hindi and for which reason their candidatures was not accepted. During the pendency of the writ petition, the process for selection of Upper Primary School Hindi Teacher as per the advertisement concerned had been completed. Thereafter, another advertisement was floated with the same conditions in so far as the educational qualification is concerned. The petitioners then filed I.A.(Civil) 30/2024 seeking a direction to the respondents to allow them to participate in the selection process. This Court, vide order dated 21.09.2024 allowed the petitioners to participate, but, however, making it subject to the final outcome of the writ petition. The petitioners accordingly participated in the selection process but they were not called for the document verification and the writ petition was disposed of by this Court, vide order dated 09.05.2025 with a finding that in an absence of any prescription by the NCTE or a notification issued by the State under Rule 3(iii) of the Assam Elementary Education (Provincialisation) Rules, 1977, (hereinafter referred to as the "Rules of 1977") the respondent authorities cannot insist on the qualification that was prescribed in the advertisement. Since the selection process as per the 1st advertisement had already concluded, Court was of the view that the finding arrived at would be applicable for future advertisement also. According to the applicants, since a notification, as held by this Court under Rule 3(iii) of the Rules of 1977 has been issued only on 09.09.2025 and since the applicants have already participated in the 2nd recruitment process, the notification cannot be made applicable to them and they should be considered for appointment to the post in question be accepting their qualifications. Therefore, pending final consideration of the writ petition, they have prayed for keeping 26 (twenty six) posts vacant.
Mr. SMT Chistie, learned counsel for the Department submits that the matter may be taken up on 24.09.2025.
Accordingly, let this matter be listed again on 24.09.2025.
Disclaimer: Curated by HT Syndication.
