Dina Nath Kalita v. The State of Assam and 6 Ors

Page No.# 1/6 GAHC010127542024

2024:GAU-AS:11951-DB

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/346/2024 DINA NATH KALITA S/O. LT. BANGADHAR KALITA, ASSTT. TEACHER, DAGAON, HIGH SCHOOL, DAGAON, R/O. VILL. SAJEI, P.O. DAGAON, P.S. BAIHATACHARIALI, DIST. KAMRUP, ASSAM, PIN-781133. VERSUS 1: THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, DEPTT. OF SECONDARY EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION CUM MEMBER SECRETARY STATE SELECTION BOARD ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019. 3:THE INSPECTOR OF SCHOOLS KDC DADARA AMINGAON DIST. KAMRUP ASSAM. 4:THE NATIONAL COUNCIL FOR TEACHER EDUCATION EASTERN REGIONAL COMMITTEE REP. BY ITS REGIONAL DIRECTOR 15 NILAKANTHA NAGAR NAYAPALLI BHUBANESWAR ORISSA PIN-751012. 5:THE GAUHATI UNIVERSITY GUWAHATI REP. BY ITS REGISTRAR/CONTROLLER OF EXAMINATION GUWAHATI ASSAM. 6:THE PRINCIPAL BAIHATA CHARIALI E.ED COLLEGE BAIHATA CHARIALI KAMRUP ASSAM PIN-781381. 7:PRABITRA KUMAR, HEADMASTER, DAGAON HIGH SCHOOL DAGAON P.O. DAGAON P.S. BAIHATA CHARIALI DIST. KAMRUP ASSAM PIN-781133 For the Appellant(s) : Mr. B. Purkayastha, Advocate. For the Respondent(s) : Ms. H. Terangpi, Standing Counsel, Education (Secondary) Department for respondent Nos.1, 2 & 3. Page No.# 2/6 : Mr. I. Alam, Standing Counsel, NCTE for respondent No.4. : Mr. P.J. Phukan, Standing Counsel, Gauhati University for respondent No.5. – B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

29.11.2024 (Vijay Bishnoi, CJ) This writ appeal is preferred on behalf of the appellant/writ petitioner being aggrieved with the judgment & order dated 30.04.2024 passed by the learned Single Judge in WP(C) No.4442/2020, whereby the learned Single Judge has dismissed the writ petition filed by the appellant/writ petitioner. The appellant/writ petitioner has approached the Writ Court raising a challenge to an order dated 20.02.2022 passed by the Director of Secondary Education, Assam, whereby the respondent No.7 in the writ petition was promoted as Headmaster of Dagaon High School in the district of Kamrup. The appellant/writ petitioner has claimed before the Writ Court that the B.Ed. Degree Certificate possessed by the said respondent was issued by an Institution, which was not recognized by the National Council for Teacher Education (NCTE). The appellant/writ petitioner has contended before the learned Single Judge that the above-referred respondent had pursued his B.Ed. Degree Course during the academic session 1997-98 from Baihata Chariali B.Ed. College, Kamrup and had obtained his B.Ed. Degree from Gauhati University in the year 1998. It was further contended that the B.Ed. Degree Course was conducted by the above-referred College after the enforcement of the National Council for Teacher Education Act, 1993 (hereinafter to be referred as "Act of 1993"). However, when the above-referred respondent has pursued his B.Ed. Degree, the above-referred College was not recognized by the NCTE. It was Page No.# 3/6 contended that since the above-referred College was not recognized by the NCTE when the respondent No.7 had pursued his B.Ed. Degree Course, the B.Ed. Degree Certificate of the respondent No.7 cannot be treated as a valid degree and in such circumstances, his promotion to the post of Headmaster of Dagaon High School in the district of Kamrup cannot be sustained. The challenge to the promotion of the above-referred respondent was contested by him contending that the B.Ed. Degree Certificate possessed by him was recognized for all purposes and, therefore, the same cannot be discarded. The learned Single Judge, having heard the learned counsel for the parties, has dismissed the writ petition relying on the decision of the Hon'ble Supreme Court rendered in State of Uttar Pradesh & Ors. -Vs-Bhupendra Nath Tripathi & Ors., reported in (2010) 13 SCC 203 as well as the decision rendered by a Single Bench of this Court on 12.09.2023 in WP(C) No.321/2021 (Shri Kamdev Sarma -Vs-State of Assam & 7 Ors.). Relevant portion of the impugned judgment is reproduced hereunder:- "8. I have heard the learned counsel for the parties and also perused the materials available on record.

¶9The issue as arising in the present proceeding is as to whether the B.Ed degree as acquired by the respondent no. 7 herein, can be held to be one so acquired by pursuing a course of study in the matter from an institution not recognized by the NCTE. The respondent no. 7 had enrolled for pursuing his B.Ed degree course prior to the date of his appointment as an Assistant Teacher in the said school. The respondent no. 7 was appointed as an Assistant Teacher in Dagaon High School, Kamrup on

21.09.1998 and he had joined his services on 26.09.1998. The respondent no. 7 had pursued the B.Ed degree during the session 1997-1998 and had completed his said degree course in the year 1998.

¶10A perusal of the communication dated 24.02.1998, issued by the Eastern Regional Committee, NCTE, reveals that the application as submitted by the authorities of Baihata Chariali B.Ed College, being under consideration of the said committee along with a subsequent representation submitted in the matter on 24.02.1998, the said authority had permitted the Page No.# 4/6 authorities of Baihata Chariali B.Ed College to continue with its B.Ed course for the session 1997-1998 with the intake as approved by the University/State Govt./Board as the case may be. Accordingly, for the period when the respondent no. 7 had undertaken the said course of study, the said College was already within the purview of the NCTE authorities and it is a settled law that when an application for recognition is pending before the Regional Committee of NCTE for recognition of the institution, the said institution can continue to offer the B.Ed degree course in its institution and such degree course would be a recognized one.

¶11In this connection, a reference is also made to the pronouncement of the Hon'ble Supreme Court in the case of State of Uttar Pradesh &Ors. Vs. Bhupendra Nath Tripathi & Ors., reported in (2010) 13 SCC 203, wherein, in Paragraph-29, it was held as under:- '29. Section 14(5) read with Section 14(1) enables the institution offering a course or training in teacher education on the appointed day to continue the course or training as the case may be during the pendency of the application seeking recognition and even in case of refusal of recognition, the course may have to be discontinued, only at the end of academic session. The institution offering training or course is entitled to award degree or certificate as the case may be.'

¶12Further, it is seen that a co-ordinate Bench of this Court in the case of Kamdev Sarma (supra) had adjudicated on the issue as to whether the Baihata Chariali B.Ed College was a recognized institution during the period of 1997-1998; and had come to the following conclusion:- '7. A reading of the said communication dated 24.02.1998, makes it discernable that the NCTE had communicated to the Principal of Baihata Charali B.Ed. College that the application dated 04.02.1998 is stated to be a subsequent representation. If the application dated 04.02.1998 is a subsequent representation, logically it can be inferred that there was also a prior application by the Baihata Charali B.Ed. College. Annexure-2, page-51 in the paper book is the application made by the President/Secretary of Baihata Charali B.Ed. College to the Regional Director of NCTE for grant of recognition, which is dated 02.05.1997. In other words, the date of application made by the Baihata Charali B.Ed. College to the authorities in the NCTE seeking the recognition would have to be accepted to be 02.05.1997. The said fact is also accepted to be correct by the learned counsel for the NCTE that as per their records, the date of application seeking recognition by the Baihata Charali B.Ed. College is 02.05.1997.

¶8If the date of application is accepted to be 02.05.1997, where as per the judgment dated 25.02.2021 in WP(C)/3289/2020 the date of application for recognition ought to have been on or before 18.08.1997, in the instant case where the application for recognition by the Baihata Charali B.Ed. College is Page No.# 5/6 dated 02.05.1997, a conclusion would have to be arrived that the Baihata Charali B.Ed. College had made their application seeking recognition within the accepted extended date for making such application.

¶9In view of such conclusion any B.Ed degree that may have been obtained through the Baihata Chariali B.Ed College would have to be understood under the law to be a valid and acceptable B.Ed degree."

¶13In view of the said conclusions as arrived in the matter by a coordinate Bench of this Court in the case of Kamdev Sarma (supra) as well as the prescription as contained in the judgment of the Hon'ble Supreme Court of India, in the case of Bhupendra Nath Tripathi (supra), this Court is of the considered view that the B.Ed degree as obtained by the respondent no. 7 was so obtained from an institution recognized by the NCTE authorities and there exists no infirmity in the B.Ed degree as acquired by the respondent no. 7 after pursuing a course of study in Baihata Chariali B.Ed College, Kamrup.

¶14Having concluded that the respondent no. 7 has acquired his B.Ed degree during the session 1997-1998 from the Baihata Chariali B.Ed College, which is an institutionrecognized by the NCTE authorities, the promotion as effected to the case of the respondent no. 7 herein to the post of Headmaster of the Dagaon High School, Dagaon, by the Director of Secondary Education, Assam has to be held to be one so effected in respect of a person who possesses the requisite eligibility criteria as mandated under the provisions of the rules holding the field.

¶15It is further seen that when the process for filling up the post of Headmaster of the school in question was so initiated and the selection held therein, the petitioner had not acquired his B.Ed degree course and accordingly, he has to be held to be ineligible for being so considered at that relevant point of time for promotion against the post of Headmaster of the said school in question. It is to be noted that the petitioner had acquired his B.Ed degree only on 13.11.2019 and by the time, the selection process as mandated under the rules holding the field for the said post in question was already completed.

¶16In view of the conclusions as reached by this Court hereinabove, with regard to the factum of Baihata Chariali B.Ed College, Kamrup, being an institution recognized by the NCTE authorities, the decision as relied upon by the petitioner in the present proceedings is not alluded to, inasmuch as, the facts as involved therein is clearly distinguishable from the facts as available in the present proceedings.

¶17In view of the above conclusions, the contentions as raised by the petitioner in the present proceeding with regard to the B.Ed degree certificate and the consequential promotion of the respondent no. 7 as the Page No.# 6/6 Headmaster of the school in question does not merit acceptance and accordingly, the writ petition is held to be devoid of merit and the same stands dismissed. However, there would be no order as to costs." The learned counsel for the appellant/writ petitioner has failed to make out a case for interference with the judgment & order passed by the learned Single Judge. The learned Single Judge, while taking into consideration the decisions rendered by the Hon'ble Supreme Court in Bhupendra Nath Tripathi (supra) and Kamdev Sarma (supra) has rightly come to the conclusion that the above-referred respondent has acquired his B.Ed. Degree during the session 1997-98 from the Baihata Chariali B.Ed. College, which is an institution recognized by the NCTE Authorities and, therefore, it cannot be said that the promotion of the above-referred respondent as Headmaster of the concerned High School was illegal in any manner. In view of the above discussion, we do not find any merit in the writ appeal. Accordingly, the same is dismissed. JUDGE CHIEF JUSTICE Comparing Assistant