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The Assam Elementary Education (Provincialisation) Rules, 1977 Complete Act

State: Assam

Year: 1977

.....Constitution, illegality cannot be regularized. The decision in Director of Technical Education v. K Sitadevi, AIR 1991 SC 308 was distinguished on facts. Percentage of marks whether can be insisted for appointment of a teacher. As held in the case of Debeswar Bora v. State of Assam [(1990) 2 GLJ 489] R. 3 (iii) (a), (b) does not provide that a candidate should have the qualifying examination with certain percentage of marks and this cannot be insisted either for appointment or if a teacher is appointed he should be terminated. Appointment of teachers- Qualification- Minimum of 40 % marks in Pre-University whether a statutory requirement. The question that arose in the case of Debeswar Bora v. State of Assam [1991 (1) GLR 1] as to whether there is any legal or statutory requirement for a candidate for appointment to secure 40% of marks, be it for the post of Primary School or be it for the post of Middle School, R. 3 (iii) (a) and (b) does not indicate so. Hence it cannot be insisted that a candidate should have passed the qualifying examination with certain percentage of marks. Any such insistence would be inconsistent with 1977 Rules. The requirement of such minimum of.....