GUWAHATI, India, Oct. 23 -- Gauhati High Court issued the following order on Sept. 23:

1. Heard Mr. M. Kalra, learned counsel, and Mr. A.B. Dey, learned counsel, appearing for the writ petitioners. Also heard Mr. D. Saikia, learned Advocate General Assam, assisted by Mr. S.M.T. Chistie, learned Standing Counsel, Elementary Education, Ms. S. Chutia, learned Standing Counsel, Elementary Education, and Ms. R. Baruah, learned counsel, appearing for the State respondent Nos. 1 & 2, and Mr. I. Alam, learned Standing Counsel, NCTE, appearing for the respondent No. 4.

2] The writ petitioners, a group of candidates aspiring for appointment as Assistant Teachers have filed this writ petition challenging, inter alia, the notification dated 17.06.2025 issued by the Directorate of Elementary Education, Assam, requiring candidates who have successfully submitted their applications with 18-month Diploma in Elementary Education from NIOS against the advertisement dated 26.12.2023 to attend physically the second phase of verification with specified documents for verifying whether they were in-service as on the cut-off date, i.e., 10.08.2017, for the purpose of treating them as diploma holders and thereby qualifying them for considering in the recruitment process of Assistant Teacher of L.P. Schools under the Directorate of Elementary Education, Assam.

3] The factual matrix of the case is that by advertisement dated 26.12.2023, applications were invited for filling up of 3,800 vacancies of Assistant Teacher of L.P. Schools under the Directorate of Elementary Education, Assam, wherein the eligibility criteria as prescribed under Clause 15 of the advertisement reads as under:

"Eligibility Criteria for LP Schools as per Govt. in Department of School Education Notification No. eCF303428 dated 29/11/2023

Table omitted, can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4yHSZoMqnvEJN72Rj36EaTcBurrWwcTPIsh1yBuDcpx&caseno=WP(C)/3794/2025&cCode=1&cino=GAHC010144792025&state_code=6&appFlag=)

4] One of the essential qualifications and experiences mandated under the advertisement is a 2-year Diploma in Elementary Education. It is pertinent that the National Council for Teacher Education (hereinafter referred to as "NCTE") by notification dated 23.08.2010 prescribed the minimum qualification for teachers in Class-I to VIII, amongst others, in the subject schools, making a Diploma in Elementary Education mandatory. The relevant portion of the said minimum qualifications reads as under:

"(a) Senior Secondary (or its equivalent) with at least 50 % marks and 2 years Diploma in Elementary Education (by whatever name known)

OR

Senior Secondary (or its equivalent) with at least 45 % marks and 2 years Diploma in Elementary Education (by whatever name known), in accordance with the NCRE (Recognition Norms and Procedure) Regulations 2002."

5] Thereafter, the NCTE framed the National Council for Teacher Education (Determination of Minimum Qualifications for Persons to be Recruited as Education Teacher and Physical Education Teacher in Pre-primary, Upper Primary, Secondary, Sr. Secondary or Intermediate Schools or Colleges) Regulation 2014 (hereinafter referred to as the "NCTE Regulation, 2014"), which came to effect on 12.11.2014, wherein under the 1st Schedule the minimum academic and professional qualifications for primary and upper primary (for classes IVIII) is prescribed as "Minimum qualifications as laid down by National Council for Teacher Education vide its notification dated 23.08.2010 as amended from time to time issued in exercise of the powers conferred under Sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)"

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4yHSZoMqnvEJN72Rj36EaTcBurrWwcTPIsh1yBuDcpx&caseno=WP(C)/3794/2025&cCode=1&cino=GAHC010144792025&state_code=6&appFlag=)

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