Nozrul Islam and 22 Ors v. The State of Assam and Anr

ORDER Date : 29-03-2023 Heard Mr. A. Sarma, learned counsel for the petitioners as well as Mr. R. Mazumder, learned standing counsel for the Secondary Education Department appearing for all the respondents.

¶2The petitioners claims that in course of their service, a notification dated 03.09.2001 was issued by the NCTE requiring the teachers in the Elementary Education (LP/UP) classes to undergo D.El.Ed program which was Page No.# 6/8 made mandatory for all teachers. This was also followed up by another notification dated 05.09.2017 issued by the Elementary Education, Govt. of Assam, clarifying that the qualification as required under the NCTE notification having D. El. Ed. qualification would not be applicable for teachers appointed before 03.09.2001. It is projected that in the meanwhile, under compelling circumstances, the petitioners have registered themselves for acquiring D. El. Ed. qualification. Hence, on the ground that the petitioners are exempted from undergoing the D. El. Ed. Course, the present writ petition has been filed under Article 226 of the Constitution of India for a direction to the respondent authorities to exempt the petitioners from undergoing the course under the D. El. Ed. program in terms of the addendum dated 05.09.2017 issued by the Elementary Education Department, Govt. of Assam.

¶3The learned counsel for the petitioners has submitted that this Court by an impugned order dated 09.03.2018, taking note of the apprehension expressed by the petitioners, directed that no coercive action be taken against the petitioners, for not having the qualification of D. El. Ed.

¶4The learned standing counsel for the Elementary Education Department has produced a copy of the notification dated 23.08.2010 for clarifying that while teachers appointed before 03.09.2001 were not required to obtain minimum qualification of B.Ed (Special Education) if their appointment prior to 03.09.2001 was in accordance with the recruitment rules.

¶5The learned standing counsel for the Secondary Education Department has also accpeted that vide addendum dated 05.09.2017, if the Page No.# 7/8 teachers were appointed prior to 03.09.2001 in accordance with the prevalent recruitment rules, they are not required to undergo the D. El. Ed. programe. It is also submitted that the respondent authorities are required to examine if the petitioners were appointed prior to 03.09.2001, in view of the disclosure made by the petitioners that few of them had joined their service after 03.09.2001.

¶6Having noted that the respondent authorities do not dispute that the Elementary teachers in LP/UP schools who were appointed prior to 03.09.2001 in accordance with the prevalent recruitment rules were not required to undergo D. El. Ed. program, the Court is of the considered opinion that there is no ground for the petitioners to apprehend that the respondent will take coercive action against them.

¶7However, in view of the requirement of the addendum dated

05.09.2017 issued by the Elementary Education Department as well as in light of the NCTE notification dated 23.08.2010, the Court is of the considered opinion that the authorities in the Elementary Education Department will have a right to undertake the exercise to find out as to whether the petitioners were actually issued appointment orders prior to 03.09.2001 and whether their appointment was made in accordance of the rules, before accepting the contention of the petitioners that they are exempted from undergoing the D. El. Ed. program.

¶8Accordingly, in light of the observations made above, this writ petition stands disposed of. Page No.# 8/8

¶9In the event the petitioners are aggrieved by any order that may be passed adverse to their interest, liberty is granted to the petitioners to approach the Court again.

JUDGE Comparing Assistant

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