Monoj Saikia and 19 Ors v. The State of Assam and Anr

ORDER

31.05.2023 Heard Shri KK Mahanta, learned Senior Counsel assisted by Shri MH Ansari, learned counsel for the petitioners. Also heard Shri B Kaushik, learned Standing Counsel, Education (Elem.) Department, Assam for both the respondents. Considering the subject matter in dispute and also being apprised of the fact that the controversy involved has been resolved by this Court vide the judgment and order dated 21.06.2022 in a batch of writ petitions, the lead case, being WP(C)/1040/2022, this writ petition is taken up for disposal at the motion stage itself. It would be convenient to record the facts of the case in brief. The petitioners, who are two in numbers, have obtained their Graduation through yearly system of curriculum and claim to have undergone a stricter evaluation in their examination compared to the semester system. The issue is with regard to the consideration for appointment as Teacher in posts of LP and UP Schools whereby, common eligibility criteria for candidates coming from both the streams have been laid down. Shri Mahanta, learned Senior Counsel for the petitioners has submitted that as reflected above, the issue was raised in a batch of writ petitions, including WP(C)/1040/2022 which were resolved by this Court vide the judgment and order dated 21.06.2022 in which, after recording the submissions, the following directions have been made: "33. Without expressing any view on the aforesaid issue as regards the Page No.# 6/6 disadvantageous position that the candidates who acquired their qualification at an earlier period of time may face, we provide that ends of justice would be met, if the authorities conducting the selection procedure embark upon a process of rationalization of the marks and in the event, it is noticed that there is a noticeable variation in the marks of the candidates, who appeared in the qualifying examinations at an earlier period of time in comparison with those who appeared at a later period of time, we leave it to the authorities to devise their own method as to how to rationalize their marks and thereafter take into consideration the rationalized marks of the candidates rather than the numerical marks of the respective candidates as depicted in the respective mark sheets. In our view, the process of rationalization would avoid a situation of any violation of Article 14 of the Constitution of India."

The learned Senior Counsel for the petitioners submits that the petitioners would be satisfied and the interest of justice would be met if a similar direction is passed. Shri Kaushik, learned Standing Counsel of the Department does not oppose the aforesaid proposition in principle. In view of the above, this writ petition is closed in terms of the aforesaid direction made in paragraph 33 of the judgment dated 21.06.2022 and a similar consideration is also directed to be made so far as the present petitioners are concerned. The writ petition is, accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010112592023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3054/2023o MONOJoSAIKIAoANDo19oORS.o S/O-oCHANDRAoSAIKIA,oVILL.-oMEKHELIoGAON,oP.O.oBONGAON,oP.S.o MAJULIoKAMALABARI,oDIST.oMAJULI,oASSAM,oPIN-o785110. 2:oJHARNAoBARUAHoSAIKIA oW/O-oCHANDRAMONIoSAIKIA oVILL-oMILANPURoSAIKIAoCHUBURI oP.O.oDIPOTA oP.S.oTEZPUR oDIST.oSONITPUR oPIN-o784150. 3:oSMT.oRICHAoBORGOHAIN oW/O-oAMIYOoKUMARoGOGOI oVILL-oPITHAGHAT oP.O.oURIAMGHAT oP.S.oBORPATHAR oPIN-o785601 4:oNITUMONIoDOLEY oD/O-oUDONoCH.oDOLEY oVILL.-oKEMI oP.O.oLEKU oP.S.oJONAI oPIN-o787060 oDIST.oDHEMAJI 5:oJUTIKAoDEVI oD/O-oBASISTHAoNATH oVILL.-oBARATI PageoNo.#o2/6 oP.S.oTHELAMARA oP.O.oGHATUA oPIN-o784149 oDIST.oSONITPUR 6:oKARTIKoNATH oS/O-oBABURAMoNATH oR/O-oBARPETAoROAD oP.O.oANDoP.S.oBARPETAoROAD oDIST.oBARPETA oPIN-o781315. 7:oTANIMAoMECH oD/O-oTOLONoCH.oMECH oVILL.-oNOBILoPATHER oPIN-o784506 oP.O.oNEPALIoBASTI oP.S.oMISSAMARI oDIST.oSONITPUR 8:oSMT.oSUDESHNAoBHUYAN oW/O-oDEBASISoBORAH oVILL.-oBORIGAON oP.O.oANDoP.S.oGOHPUR oPIN-o784168 oDIST.oBISWANATH 9:oPRATISHAoKAKATI oD/O-oBASANTAoKAKATI oVILL.-oPUKHURIPARA oP.O.oANDoP.S.oNAGARBERA oPIN-o781126 oDIST.oKAMRUP 10:oSHIKHAoMONIoBORA oD/O-oGAURIoBORA oVILL.-oNIZoDHING oP.O.oANDoP.S.oDHING oPIN-o782123 oDIST.oNAGAON 11:oRAJDEEPoHAZARIKA PageoNo.#o3/6 oS/O-oLATEoKRISHNAoHAZARIKA oVILL.-oGOSAIPATHERoNO.o2 oP.O.oANDoP.S.oBIHPURIA oPIN-o784161 oDIST.oLAKHIMPUR 12:oSIKHAMONIoDUTTA oD/O-oRAJENoDUTTA oVILL.-oLUKUMAIoGAON oP.O.oHALODHIBARI oP.S.oDERGAON oPIN-o785618. 13:oPORASHMONIoPUJARI oS/O-oLATEoHITNATHoPUJARI oVILL.-oANDoP.O.oKENDUGURI oP.S.oBIHPURIA oPIN-o784161 oDIST.oLAKHIMPUR 14:oMUHIDHARoBORA oS/O-oSRIoSUBALoBORA oVILL.oNO.o1oNABAJYOTIoGAON oP.O.oGOMARIGURI oPIN-o785705 15:oHEMANTAoBORAH oS/O-oBHARAToBORAH oVILL.-oKATHALGURI oP.O.oPATHALIPAM oP.S.oBOGINADI oPIN-o787056 oDIST.oLAKHIMPUR 16:oALPANAoDUTTA oD/O-oRUPESWARoDUTTA oVILL.-oJARITUP oP.S.oLAKHIPUR oP.O.oAZAD oPIN-o787031 oDIST.oLAKHIMPUR PageoNo.#o4/6 17:oPRARTHANAoSAIKIA oC/O-oBIKASHoBORA oVILL.-oBIHPURIA oWARDoNO.o4 oP.O.oANDoP.S.oBIHPURIAo PIN-o784161 oDIST.oLAKHIMPUR 18:oRUJIoKONWAR oC/O-oDULENoNATH oVILL.-oMODARGURI oP.O.oAZAD oP.S.oPANIGAON oPIN-o787031 oDIST.oLAKHIMPUR 19:oPINKIoDEVI oC/O-oGAJENDRAoNATH oVILL.oANDoP.O.oKHOGA oP.S.oPANIGAON oPIN-o787052 oDIST.oLAKHIMPUR 20:oMONALISAoGOGOI oC/O-oTILESWARoGOGOI oVILL.-oKAKADONGA oP.S.oNAMKHEATOWUL oP.S.oDERGAON oPIN-o785626o VERSUSo THEoSTATEoOFoASSAMoANDoANRo THROUGHoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oELEMENTARYoEDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oKAHILIPARA oGUWAHATI-1o Page No.# 5/6 Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate) Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI