Gau HC | Rule 12(3)(iv) of the Assam Secondary Education (Provincialised Schools) Rules, 2018 challenged; Court dismisses petition

Gauhati High Court

Gauhati High Court: Soumitra Saikia, CJ., dismissed a petition which was filed challenging the provisions under Rule 12(3)(iv) of the Assam Secondary Education (Provincialised Schools) Rules, 2018 which provided one of the conditions necessary for being eligible for the post of Principal in Higher Secondary Schools and Senior Secondary Schools in Assam.

“The candidate must have 17 years of teaching experience as Graduate Teacher in any Higher Secondary School.”

The Court found that petitioners did not have the experience of 17 years as Graduate Teachers in Higher Secondary Schools but they have the said experience of 17 years as Graduate Teachers in High Schools. All the same, if their experience as Graduate Teachers in High Schools is also to be included, they would come within the eligibility criteria and, therefore, on various grounds including violation of Article 14 of the Constitution of India, the present writ petition had been filed.

It was however informed to the Court that during the pendency of the petition said Rules have been amended and that even Graduate Teachers having 17 years’ experience in High Schools have been made eligible. Petitioners after this information submitted that petition itself has become infructuous and the same may accordingly be dismissed.

The Court dismissed the petition.[Samarjit Chanda v. State of Assam, 2021 SCC OnLine Gau 1876, decided on 01-10-2021]


Suchita Shukla, Editorial Assistant has reported this brief.


Advocate for the Petitioner: MR A K DUTTA

Advocate for the Respondent: SC, SEC. EDU.

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