All Assam Additional (Contractual) Teachers Association and 4 Ors v. The State of Assam and 25 Ors

ORDER

22.05.2023 Heard Shri PK Goswami, learned Senior Counsel assisted by Shri DP Borah, learned counsel for the applicants, who are also the writ petitioners in the connected writ petition.

¶2By this application, certain interim directions have been sought for with regard to an advertisement dated 28.12.2022.

¶3It is the case of the applicants-petitioners that pursuant to an advertisement published in the year 2010, they were selected and thereafter appointed as Graduate Teachers. After their appointments, there was introduction of TET. Since the said requirement was brought into force subsequently, the petitioners-applicants had come up before this Court challenging the action of the Department by which they were required to qualify in the TET examination. The said challenge was successful and this Court had held that the applicants-petitioners were not required to qualify for TET examination. Thereafter, a notification dated 01.07.2020 was issued which took care of the cases of the applicants-petitioners. However, in spite of such Notification, a Page No.# 6/7 process was started for appointment of Graduate Teachers in different High Schools which would cause prejudice to the applicants-petitioners.

¶4Accordingly, the connected writ petition was filed in which, this Court had passed an order dated 30.08.2019. By the said order, 5,924 posts of Graduate Teachers out of 14,000 posts were directed to be kept earmarked so that the interest of the parties could be protected. As noted above, vide the notification dated

01.07.2020, regular scale of payments were given to the petitioners and a decision was taken to keep in abeyance 5243 numbers of posts.

¶5Shri Goswami, learned Senior Counsel has clarified that he would not raise any dispute with regard to the said 5243 numbers of posts, which as per the Court's order was 5924.

¶6The purpose of filing the present interlocutory application is that a fresh recruitment process has been initiated vide an advertisement dated 28.12.2022 which appears to be pursuant to a Cabinet Decision. The contention of the applicants-petitioners is that prior to the said advertisement, there was a tweeter message which referred to a Cabinet decision with regard to release 3038 nos. of posts of Secondary Education Department out of 4330 frozen posts for recruitment.

¶7Shri Goswami, learned Senior Counsel for the applicants fairly submits that the applicants are not against a general process of recruitment but their only grievance is not to fill up the posts which are the subject matter of the connected writ petition and have, in fact been frozen by order of this Court.

¶8Shri B Kaushik, learned Standing Counsel, Secondary Education Department, Assam submits that though he does not have any instructions, it appears that the Page No.# 7/7 recruitment process is not pertaining to the posts connected with the writ petition.

¶9After hearing the parties, a prima facie case is made out, more so when this Court, in the connected writ petition, had passed the interim protection dated

30.08.2019 giving a specific direction for freezing certain numbers of posts. It further appears that no returns have been filed by any of the contesting respondents in the main writ petition.

¶10Under those circumstances, the recruitment process initiated vide the advertisement dated 28.12.2022 cannot touch upon the posts which were directed to be earmarked and was also accepted by the Department vide the notification dated

01.07.2020.

¶11Accordingly, it is directed that though there would be no restraint to any recruitment process, the numbers of posts which were directed to be kept earmarked by this Court vide it's order dated 30.08.2019 passed in WP(C)/6138/2019 are not to be brought within the ambit of such recruitment process.

¶12The interlocutory application, accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/7 GAHC010097912023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1384/2023o ALLoASSAMoADDITIONALo(CONTRACTUAL)oTEACHERSoASSOCIATIONo ANDo4oORS.o REPRESENTEDoBYoITSoPRESIDENT,oVICEoPRESIDENT,oSECRETARYoANDo WORKINGoPRESIDENT. 2:oSURESWARoDEKAo(PRESIDENT) oS/O-oLATEoRAMCHARANoDEKAo VILLoANDoP.O-oNAHIRA oPIN-781132 oDIST-oKAMRUP(ASSAM). 3:oABDULoHAIoAHMEDo(VICEoPRESIDENT) oS/O-oABDULoKHALEQUEo VILL-oMANIKPUR oP.O-oKRISHNAI o DIST-oGOALPARA oPIN-783126. 4:oKESHABoPHUKAN oS/O-oLATEoBHOLENoPHUKANo R/O-TOWNoBANTOR oWARDoNO-14 P.O-oKHELMATI oPINo787001.oDIST-oLAKHIMPUR oASSAM.(oWORKINGoPRESIDENT) 5:oMAHIDHARoKALITAo(SECRETARY) oS/O-PHALINDRAoNATHoKALITAo R/O-oMADHABoNAGAR oKHANAPARA GUWAHATI-22o VERSUSo PageoNo.#o2/7 THEoSTATEoOFoASSAMoANDo25oORS.o REPRESENTEDoBYoITSoCOMMISSIONERoTOoTHEoGOVERNMENToOFo ASSAM,o(EDUCATION)oDEPARTMENT,oDISPUR,oGUWWHATI-06 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oEDUCATIONoDEPARTMENT oDISPUR oGUWAHATI-06. 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oKAHILIPARA oGUWAHATI-19 oASSAM. 4:THEoFINANCEoDEPTT. oREPRESENTEDoBYoCOMMISSIONERoANDoSECRETARY oDISPUR oGUWAHATI-06. 5:THEoRASHTRIYAoMADHYAMIKoSHIKSAoABHIJANo(RMSA) oREPRESENTEDoBYoITSoMISSIONoDIRECTOR oKAHILIPARA oGUWAHATI-19. 6:THEoINSPECTORoOFoSCHOOLS oKAMRUPoDISTRICToCIRCLE oKAMRUPo(METRO) oASSAM oPIN-o781001. 7:THEoINSPECTORoOFoSCHOOLS oBARPETAoDISTRICToCIRCLE oBARPETA oASSAM oPIN-781301. 8:THEoINSPECTORoOFoSCHOOLS oBONGAIGAONoDISTRICToCIRCLE oBONGAIGAON oASSAM oPIN-783380 9:THEoINSPECTORoOFoSCHOOLS oCACHARoDISTRICToCIRCLE oCACHAR oASSAM PageoNo.#o3/7 783380. 10:THEoINSPECTORoOFoSCHOOLS oGOALPARAoDISTRICToCIRCLE oGOALPARA oASSAM 788103. 11:THEoINSPECTORoOFoSCHOOLS oGOLAGHAToDISTRICToCIRCLE oGOLAGHAT oASSAM oPIN-785621. 12:THEoINSPECTORoOFoSCHOOLS oDIBRUGARHoDISTRICToCIRCLE oDIBRUGARH oASSAM oPIN-786001 13:THEoINSPECTORoOFoSCHOOLS oDHEMAJIoDISTRICToCIRCLE oDHEMAJI oASSAM oPIN-787057. 14:THEoINSPECTORoOFoSCHOOLS oHAILAKANDIoDISTRICToCIRCLE oHAILAKANDI oASSAM oPIN-788163. 15:THEoINSPECTORoOFoSCHOOLS oJORHAToDISTRICToCIRCLE oJORHAT oASSAM oPIN-785013. 16:THEoINSPECTORoOFoSCHOOLS oKAMRUP(RURAL)oDISTRICToCIRCLE oKAMRUP(R) oASSAM oPIN-781031. 17:THEoINSPECTORoOFoSCHOOLS oKARIMGANJoDISTRICToCIRCLE oKARIMGANJ oASSAM PageoNo.#o4/7 PIN-788720 18:THEoINSPECTORoOFoSCHOOLS oNAGAONoDISTRICToCIRCLE oNAGAON oASSAM oPIN-782002. 19:THEoINSPECTORoOFoSCHOOLS oSONITPURoDISTRICToCIRCLE oSONITPUR oASSAM PIN-784001. 20:THEoINSPECTORoOFoSCHOOLS oTINSUKIAoDISTRICToCIRCLE oTINSUKIA oASSAM PIN-786125. 21:THEoINSPECTORoOFoSCHOOLS oLAKHIMPURoDISTRICToCIRCLE oLAKHIMPUR oASSAM oPIN-7871001. 22:THEoINSPECTORoOFoSCHOOLS oDARRANGoDISTRICToCIRCLE oDARRANG oASSAM oPIN-784125. 23:THEoINSPECTORoOFoSCHOOLS oMORIGAONoDISTRICToCIRCLE oMORIGAON oASSAM oPIN-782411. 24:THEoINSPECTORoOFoSCHOOLS oDHUBRIoDISTRICToCIRCLE oDHUBRI oASSAM PIN-783301. 25:THEoINSPECTORoOFoSCHOOLS oSIVASAGARoDISTRICToCIRCLE oSIVASAGAR oASSAM Page No.# 5/7 PIN-785640. 26:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN-781335 Advocate for the Petitioner : MR. B P BORAH Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI