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Gauhati High Court · body

2017 DIGILAW 764 (GAU)

Md. Amad Uddin v. State of Assam

2017-06-09

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT & ORDER : Heard Mr. A.B.T. Hoque, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned standing counsel for the Secondary Education Department and Mr. B. Malakar, learned counsel for the respondent No.4. 2. By this petition, the petitioner is aggrieved by a set of guidelines issued under the signature of the Director of Secondary Education of Assam, wherein, in respect of graduate teacher, the minimum qualification is bachelor degree in Arts, Science and Commerce with B.T/B.E.d degree. 3. The petitioner is aggrieved by an advertisement under the signature of the Headmaster of Borgool Assamese High School, Anglarbazar under Karimganj District, wherein, one post of teacher in Hindi was advertised by providing that the required qualification is degree in Arts having Hindi as a subject with B.T/B.E.d degree. 4. The petitioner by referring to minimum qualification for the post of Hindi teacher as provided in the Schedule to the Assam Secondary Education (Provincialisation) Service Rules, 2003, seeks to make out a case that the aforesaid requirement of B.T/B.E.d is contrary to the provision of the said Rules, 2003. 5. But notice also has to be taken that subsequent to the filing of this writ petition, there is an amendment to the Rules 2003, whereby, Schedule II to the Rules 2003 have been amended and the minimum educational qualification for the post of Hindi is provided to be Pravin/Ratna in Hindi with 50% marks having degree qualification from any recognized University or B.A. with Hindi as one of the subjects with 50% marks and B.T./B.E.d degree from any recognized University. In view of such amendment to the Rules, 2003, the ground taken in the writ petition is no longer available. 6. Mr. Malakar, learned counsel for the school authorities also states that by a letter dated 05.12.2016 of the Director of Secondary Education, the Inspector of School had been instructed to initiate necessary process for filling up the post of Asstt. Teacher in Hindi, Sanskrit and Arabic by strictly following the terms and condition reflected in the letter dated 23.11.2016. The said letter 23.11.2016 provides the guidelines for such appointment. 7. It is agreed by the learned counsel for the parties, that in view of the amendment to the Rules of 2003 and the subsequent process initiated by the respondent authorities for filling up the post of Hindi teacher, no further adjudication is required in this matter. The said letter 23.11.2016 provides the guidelines for such appointment. 7. It is agreed by the learned counsel for the parties, that in view of the amendment to the Rules of 2003 and the subsequent process initiated by the respondent authorities for filling up the post of Hindi teacher, no further adjudication is required in this matter. In view of the above, this petition stands disposed of.