Tarap Ali Ahmed and 3 Ors. v. the State of Assam and 7 Ors.
Case brief
What is this about?
Gauhati High Court, WP(C)/6906/2021 with linked WP(C)/6931/2021 — Manik Ali & 17 Ors and Tarap Ali Ahmed & 3 Ors v. The State of Assam & Ors — decided 02.04.2025 by Justice Michael Zothankhuma; both writ petitions dismissed. Keywords: provincialisation; Tutor; Venture ME School amalgamation; Headmaster/Head Teacher salary Rs.12,150 vs Rs.10,800; Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 — Section 2(u), Section 8(3) Schedule; Right of Children to Free and Compulsory Education Act, 2009 — Section 23(1); NCTE; Notification No.S.O.750 (E) dated 31.03.2010; TET relaxation refused; appointment order dated 05.02.2021 Condition No.6 (five years to obtain TET); Tutor pay Rs.10,800/Rs.12,000 versus Headmaster pay Rs.12,150–Rs.13,500.
What did the court decide?
In terms of Section 2(u) of the 2017 Act, a Tutor without the TET qualification is not eligible to hold the post of Headmaster or Head Teacher; since the petitioners do not have the TET qualification, they cannot be made Headmasters and their claim to be paid Headmaster salary fails. The Schedule to Section 8(3) of the 2017 Act fixes Tutor pay at Rs.10,800/- for the first and second year and Rs.12,000/- for the 3rd to 5th year, whereas Headmasters start at a fixed salary of Rs.12,150/- to Rs.13,500/-.