WP(C) 665/2011. Gauhati High Court

Case NumberWP(C) 665/2011
Judgement DateJune 09, 2018
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM : NAGALAND : MI ZORAM & ARUNACHAL PRADESH)

WP( C) 665/ 2011

Md. Amad Uddin

……..Pet it ioner

- VERSUS -

State of Assam & Ors.

BEFORE

HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA

Advocate for the petitioner :-Mr. A.B.T. Hoque Advocate for the Education Department:- Mr. B. Talukdar Advocate for the respondent No.4:- Mr. B. Malakar

Date of Hearing & Judgment : 09.06.2017

JUDGMENT & ORDER ( ORAL)

Heard Mr. A.B.T. Hoque, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned standing counsel for the Secondary Education Department and Mr. B. Malakar, learned counsel for the respondent No.4.

  1. By this petition, the petitioner is aggrieved by a set of guidelines issued under

    the signature of the Director of Secondary Education of Assam, wherein, in respect of graduate teacher, the minimum qualification is bachelor degree in Arts, Science and Commerce with B.T/ B.E.d degree.

  2. The petitioner is aggrieved by an advertisement under the signature of the

    Headmaster of Borgool Assamese High School, Anglarbazar under Karimganj District,

    Page 1 of 3

    ………Respondents

    wherein, one post of teacher in Hindi was advertised by providing that the required qualification is degree in Arts having Hindi as a subject with B.T/ B.E.d degree.

  3. The petitioner by referring to minimum qualification for the post of Hindi teacher

    as provided in the Schedule to the Assam Secondary Education (Provincialisation) Service Rules, 2003, seeks to make out a case that the aforesaid requirement of

    B.T/ B.E.d is contrary to the provision of the said Rules, 2003.

  4. But notice also has to be taken that subsequent to the filing of this writ petition,

    there is an amendment to the Rules 2003, whereby, Schedule I I to the Rules 2003 have been amended and the minimum educational qualification for the post of Hindi is provided to be Pravin/ Ratna in Hindi with 50% marks having degree qualification from any recognized University or B.A. with Hindi as one of the subjects...

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