High Court · 2012

is required nor thereafter they have opportunity to get B.T./B.Ed degree. For t he first time, this requirement has been provided in the amended Rule for recrui tment of Post Graduate teachers and vide notification dated 13th September, 2012 this requirement has been relaxed upto 1st January, 2015. This being the positi on, Post Graduate Teachers or Vice-Principals appointed out of Post Graduate Tea chers will stand disqualified for being considered for the post of Principal res ulting in denial of level paying field without any valid justification. In para- 11 of the writ petition, it has been averred- That your Petitioner states that the Rule of 2012 provides that the mini (cid:28)11. mum qualification for the psot of the Principal in Higher Secondary School must be a master degree holder with B.Ed/BT but surprisingly, the Government never al lowed the subject teachers at any point of time to pursue B.Ed/BT course as the subject teachers/post graduate teachers are the one man department in the concer ned subject in any Higher Secondary School. Even the subject teachers/post gradu ate teachers are not allowed to undergo B.Ed/BT course on ’earn leave’ as becaus e there is no alternative subject teacher/post-graduate teacher in the concerned subject, existing in the school, which is very much evident from the letter dat ed 24.02.2011, issued by the Deputy Director of Secondary Education, Assam vide No.BT/B.Ed/1/2001/3, addressed to the inspectors of Schools wherein the Inspecto rs of Schools were requested to furnish the list of teachers from the provincial ised and the recognized schools to undergo B.Ed training courses in different af filiated training institutes under Gauhati University. In the said letter dated 24.02.2011, it was clearly mentioned that no subject teacher, demonstrator of M. S. School should be recommended for B.Ed training course. Therefore, it is appar ently clear that thje subject teachers are not allowed to undergo B.Ed/BT traini ng. Only the Graduate teachers are allowed to undergo B.Ed/BT training. The Peti tioner begs to state that since the existing post graduate teachers are not allo wed to pursue the B.Ed/BT course by the Education Department, therefore, they wi ll never become eligible to be appointed to the post of the Principal of Higher Secondary/Higher Secondary and Multipurpose School as per the Rule of 2002. & & &. (cid:29)

5. When the matter came up for hearing on earlier two dates, learned counse l for the State took time to take instructions about the steps being taken to re dress the grievance of the petitioners as it was stated that the matter was unde r reconsideration in the light of the representations of the petitioners.

6. We have heard learned counsel for the parties.

7. Learned counsel for the State says that since the matter is legal, it wa s not necessary to file reply and, on due consideration, the State has issued no tification dated 13th September, 2012 granting relaxation in the requirement of having BT/B.Ed degree upto 1st January, 2015 for appointment in Higher Secondary School/High School/High Madrassa, subject to the condition that the candidate w ill have to acquire B.Ed/BT degree within five years from the date of joining. H owever, he has no instructions on the issue of qualification of BT/B.Ed degree f or Post Graduate teachers for eligibility for the post of Principal.

8. On due consideration, we find merit in the grievance of the petitioners. It is clear that the amendment of qualifications required for recruitment to th e post of Principal in Clause 1(i) for the Post Graduate Teachers or Vice-Princi pals (appointed out of Post Graduate teachers), no such qualification was laid d own at the time of entry into service nor at any point thereafter, they could ob tain such degree. Thus, eligible candidates with 15 years service will be render ed ineligible which is arbitrary and discriminatory. Graduate Teachers were bein g allowed to acquire these qualifications during service which Post Graduate tea chers were not and, therefore, Post Graduate teachers could not be treated at pa r with Graduate teachers in the matter of having BT/B.Ed degree.

9. e to be reconsidered by the rule making authority. In view of above, the Rule may either require to be set aside or may hav Accordingly, we direct that the issue may be reconsidered and finalized 10. within two months from the date of receipt of a copy of this order and, pending such finalization, no further regular promotion be made to the posts of Princip als in Higher Secondary/Higher Secondary & Multipurpose Schools. Any step taken in pursuance of the above amendments may be reviewed in the light of the above o bservation. Writ petitions stand disposed of accordingly.