Disposed

Sultan Ahmed and 2 Ors. v. the State of Assam and 3 Ors.

Gauhati HC11 Aug 2022I.A.(Civil)/2224/2021

Case brief

AI extract

What is this about?

This court disposed of an interlocutory application wherein it held that no further direction was necessary regarding the recruitment of Post-graduate Arabic Teachers, reiterating that applications by M.TET qualified candidates would be considered as per the interim order. Disposition: dismissed. Quality: thin.

What did the court decide?

Petitioners' I.A. for further direction on recruitment proceedings dismissed; case stands on existing interim order.

Sultan Ahmed and 2 Ors. Vs the State of Assam and 3… — Education and Admissions | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010216372021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2224/2021

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SULTAN AHMED AND 2 ORS

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SALEH AHMED, VILL. BAKARSHAL, P.O. JABANIPUR, P.S. KARIMGANJ, DIST. KARIMGANJ, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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TO BE REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION, ASSAM, DISPUR, GUWAHATI 6

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2:THE DIRECTOR

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SECONDARY EDUCATION ASAM KAHILIPARA GUWAHATI 19

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3:THE EMPOWERED COMMITTEE OF TEACHERS ELIGIBILITY TEST FOR SECONDARY EDUCATION

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ASSAM TO BE REPRESENTED BY ITS MEMBER SECY. DISPUR GUWAHATI 781006

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4:THE RASHTRYA MADHYAMIK SIKSHA ABHIYAN MISSION (R.M.S.A.) TO BE REPRESENTED BY ITS MISSION DIRECTOR KAHILIPARA GUWAHATI 1

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Advocate for the Petitioner : MR. A R BHUYAN

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Advocate for the Respondent : SC, SEC. EDU.

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 11.08.2022

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Heard Mr. A.R. Bhuyan, learned counsel for the applicants/writ petitioners. Mr. R. Mazumder, learned standing counsel, Secondary Education appears for respondent Nos. 1, 2 and 3. Mr. B. Gogoi, learned standing counsel, RMSA appears for respondent No.4.

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The applicants/writ petitioners filed the main writ petition (WP(C)/5475/2021) challenging the advertisement dated 07.09.2021, on the ground that no provisions have been made allowing the M.TET qualified candidates to apply for the vacant post of Post Graduate Arabic Teacher in High School and Higher Secondary School.

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The learned standing counsel Secondary Education was directed to take instructions and thereafter, this Court recorded the submission of the learned standing counsel that a separate recruitment process would be under taken for the Post Graduate Arabic Teachers and that the petitioners, who are M.TET qualified candidates, may apply in such recruitment process.

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Therefore, in view of the submission made by the learned standing counsel, Secondary Education, this Court passed an interim order providing that only in the event in the present recruitment drive undertaken, pursuant to the advertisement dated 07.09.2021, the respondent authorities envisages recruitment of Post Graduate/Graduate Teachers in Arabic language in the High School and Higher Secondary Schools, the respondent authorities would devise

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Page No.# 3/4

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ways and means to accept the candidature of the petitioners, who claim to be holding M.TET qualification certificates, if required by accepting off line applications. However, in the event, the respondent authorities do not intent to make recruitment of Post-graduate/ Graduate Teachers in Arabic language in High School and Higher Secondary Schools, then interim order would not be applicable.

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By the present I.A, the applicants who are the writ petitioners has made the following prayers:

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In the premises aforesaid it is prayed that your lordship may graciously be pleased to admit this Interlocutory Application, issue notice to the Opposite Parties and after showing cause(s) if any and upon hearing the parties be pleased to direct the respondents to proceed with the process of recruitment in the posts of Post Graduate Teachers in Arabic language advertised vide Advertisement dated 7/9/2021 and further be pleased to direct the respondents more particularly, the Respondent No.2 to process the applications of the Applicants and verify the particulars of the Applicants thereby bring the applications of the Applicants to a reasonable conclusion by considering them against the post of Post Graduate Teacher in Arabic language advertised vide advertisement dated 7/9/2021.

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After considering the prayer made in the present I.A and also taking into consideration the interim passed by this Court on 08.10.2021 in WP(C)/5475/2021, this Court is of the considered opinion that no further direction requires to be issued to the respondents.

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It is made clear that in the event the respondents proceeds to fill up the post of Post-graduate Arabic Teachers pursuant to the advertisement dated 07.09.2021, then the applications made by the petitioners off line shall be considered. However, in the event the respondents decides to go for a separate recruitment trial with required to the Post-graduate Teachers in Arabic language,

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the applications already made by the petitioners shall be taken into

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consideration.

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I.A stands disposed of.

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JUDGE

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Comparing Assistant

Sultan Ahmed and 2 Ors. v. the State of Assam and 3 Ors.

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Sultan Ahmed and 2 Ors. v. the State of Assam and 3 Ors.

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