Sirazul Ambia @APPELLANT@Hash State Of Assam And 7 Ors

Heard Mr. I H Saikia, learned counsel for the writ petitioner as well as Mr. I Alam, learned counsel appearing for the respondent No.9 (NCTE).

Mr. BK Sharma, learned counsel appears for the respondent No.8 whereas Ms. P Baruah, learned counsel appears for the respondent No.7. Ms. L

Das, learned counsel appears on behalf of Mr. RC Paul for the respondent No.6 and Mr. N Sarma, learned counsel appears for the respondent Nos. 1

to 4.

The challenge in the present case is to the order dated 26.07.2017, passed by the Director of Secondary Education, Assam, whereby the respondent

No. 8 has been appointed as regular Principal of Kalain H.S. School in Cachar district. The petitioner has questioned the eligibility of the respondent

No.8 to be appointed to the post of Principal, on the ground that the B.Ed Degree which the respondent No.8 had obtained from Silchar College of

Education, was not recognized by the National Council for Teacher Education (in short ‘NCTE’).

The petitioner’s counsel submits that the contents of the Advertisement dated 16.06.2016, the guidelines for selection in the Office

Memorandum dated 06.06.2014 and the note given in the marking pattern in the order dated 23.06.2016, clearly provides that a B-Ed Degree from any

institute, not having an NCTE recognition, could not be accepted. He submits that the NCTE Act, 1993 came into force only on 01.07.1995. The

respondent No.8 obtained her B.Ed Degree from Silchar College of Education in the year 1998, while the NCTE recognized the Silchar College of

Education only on 11.08.2003. As the Silchar College of Education was not recognized by the NCTE, at the time respondent No.8 obtained her B.Ed

Degree, the selection and appointment of the respondent No.8 being in violation of the terms of the Advertisement, the same should be set aside. He

submits that as the petitioner had been placed at No.1, along with respondent No.8 in the select list, by the School Selection Committee, the petitioner

should be considered for appointment as regular Principal in Kalain HS School in the place of the respondent No.8.

Mr. I Alam, learned counsel for the respondent No.9 (NCTE) submits that the Silchar College of Education was recognized by the NCTE only on

11.08.2003. Accordingly, the B.Ed Degree obtained by the respondent No.8 from the Silchar College of Education prior to 11.08.2003 cannot be said

to be a valid Degree.

Mr. BK Sharma, learned counsel for the respondent No.8 submits that if the B.Ed Degree of the respondent No.8 cannot be recognized as a valid

degree in view of the fact that the said degree was obtained prior to the date the Silchar College of Education was recognized by the NCTE, then the

B.Ed Degree obtained by the petitioner cannot be said to be a valid degree. He submits that the petitioner having obtained his B.Ed Degree in the year

1995 from the Teachers Training College, Silchar in the year 1995, the said degree cannot be said to be a valid degree, as the Teachers Training

College, Silchar was recognized by the NCTE only on 31.05.1996.

In reply to the submission made by the counsel for the respondent No.8, the petitioner’s counsel submits that the petitioner had undertaken his

B.Ed Degree course and completed his examination prior to the NCTE Act coming into force, that is before 01.07.1995. Accordingly, the condition

given in the Advertisement that B.Ed Degree obtained from an institution, not having NCTE recognition could not be accepted, is not applicable to the

petitioner’s case.

I have heard the learned counsels for the parties.

The relevant portion of the Advertisement dated 16.06.2016 calling for candidates for filling up the post of Principal of Kalain HS School, Cachar

states as follows:-

“The B.Ed Degree obtained from Off Campus like C.M.J, Bharatia Shiksha Parishad, Nava Bharat Shiksha Parishad or any other institute not

having NCTE recognition cannot be accepted.â€​

The guidelines for selection of Principal in provincialised Higher Secondary School as provided in the OM dated 06.06.2014, issued by the

Government of Assam, Secondary Education Department states that B.Ed Degree obtained from Off Campus like C.M.J, Bharatia Shiksha Parishad,

Nava Bharat Shiksha Parishad or any other institute not having NCTE recognition cannot be accepted.

The marking pattern for selection of Principal of Higher Secondary School, as provided in the order dated 23.06.2016, issued by the Director of

Secondary Education, Assam provides at note -2 as follows:-

“B.Ed Degree from institutes not recognized by NCTE not to be honoured B.Ed Degree from (M) University Bharatiya Sikshan Parishad, naba

Bharat Siksha Parishad etc not to be recognized.â€​

Once an advertisement has been on the basis of a Circular operating at that particular time, the selection would have to be done as per the criteria

laid down. In the present case, the selection has been done in violation of the criteria laid down, which has also not been put to challenge. A reading of

the above quoted portions of the Advertisement dated 16.06.2016, OM dated 06.06.2014, order dated 23.06.2016 and the clarification given by the

NCTE in its affidavit-in-opposition shows that the B.Ed Degree obtained by the respondent No.8 in the year 1998 is not a valid B.Ed. degree, as the

Silchar College of Education was recognized by the NCTE only on 11.08.2003, even though the NCTE Act, 1993 had come into force w.e.f.

01.07.1995.

In view of above reasons, the selection and appointment of the respondent No.8 as Principal of the Kalain HS School, Cachar is illegal and not

proper. Accordingly, the impugned order of appointment dated 26.07.2017, appointing the respondent No.8 as the Principal of Kalain HS School, is

hereby set aside.

With regard to the submission made by the counsel for the respondent No.8 that the B.Ed Degree of the petitioner is also not a valid degree, this

writ Court is not inclined to go into the merits of the said submission as the petitioner’s degree is not under challenge in this writ petition. However,

keeping in view the issue raised by the respondent No.8, this Court is of the view that the validity of the B.Ed Degree obtained by the petitioner should

be decided by the respondent No.2, keeping in mind the fact that the petitioner had obtained his B.Ed Degree in the year 1995 while the Teachers

Training College, Silchar had applied for recognition from the NCTE only on 26.02.1996 and the NCTE Act became applicable only from 01.07.1995.

The respondent No.2 should take a decision on the question of whether the B.Ed Degree obtained by the petitioner is a valid degree within a

period of 6(six) weeks from the date of receipt of a certified copy of this order. The filling up of the vacant post of Principal in the Kalain HS School

shall thereafter be considered, depending upon the decision made by the respondent No.2 and keeping in mind the selection list that had been made in

pursuance to the Advertisement dated 16.06.2016.

Writ petition is accordingly disposed of.