Tag: Assam Education Case

Supreme Court Orders Assam to Provincialise Services of Music Teachers
Supreme Court

Supreme Court Orders Assam to Provincialise Services of Music Teachers

The Supreme Court held that the appellants' right to provincialisation had crystallised under the 2011 Act. Despite favourable findings, the High Court erred in not granting mandamus relief. The Court modified the impugned judgment, ruling that a Writ Court has inherent power under Article 226 to mould relief and grant consequential mandamus to remedy injustice, which it duly issued. Facts Of The Case: The case originated from a batch of appeals before the Supreme Court, filed by a large group of Music Teachers employed in various provincialised schools in Assam. Their grievance stemmed from the State of Assam's failure to formally provincialise their services under theĀ Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011. The appellants' eligibility had been ...
Wrong Rules, Right Candidate: Supreme Court Reinstates Teacher, Secures Job for Rival Too
Supreme Court

Wrong Rules, Right Candidate: Supreme Court Reinstates Teacher, Secures Job for Rival Too

This Supreme Court judgment clarifies that the statutory rules applicable at the time of an advertisement govern the selection process. The Supreme Court held that applying a different set of service rules, which were not referenced in the advertisement, to invalidate a duly made appointment to an aided educational institution is illegal. The Court emphasized that the legality of an appointment must be tested against the rules that initiated the selection. Facts Of The Case: The case originated from a 2006 advertisement issued by an aided college to fill a Lecturer post in History, governed by the Assam Government Aided Junior College Management Rules, 2001, which prescribed no age limit. The appellant, Jyotsna Devi, was selected as the most meritorious candidate. Although she was overag...