The writ petitions were filed contending that although all petitioners had educational qualifications and also are TET qualified for Hindi graduate teachers for high schools, the state government had imposed a condition that no candidate can apply in the Bengali/Hindi/Assamese medium schools if they did not have these subjects respectively in HSLC Examination.
The petitioners also contended that as per Rule 10 of the Assam Secondary Education (Provincialised) Service Rule, a candidate is required to appear and pass in TET examinations conducted by the state government with 60 per cent marks in general category and 55 per cent marks in the case of reserved categories to qualify for appearing for the post of graduate teacher in Hindi Subject.
Justice Goswami after hearing all the writ petitions and also considering several decisions passed by the apex court on the issue of overriding the statutory rules or rules framed under the Proviso to Article 309 of the Constitution by an executive order is not sustainable in law and accordingly set aside the Clause 4 of the office memorandum.
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