Disposed

Biren Saikia v. the State of Assam and 6 Ors.

Gauhati HC3 Dec 2020WP(C)/2057/2020

Case brief

AI extract

What is this about?

The Gauhati High Court held it was not appropriate to decide the validity of the petitioner's B.Ed degree directly. The Court directed the National Council for Teacher Education (NCTE) Regional Director to examine the degree and pass a reasoned order within three months.

What did the court decide?

Directed the NCTE Regional Director to examine the validity of the petitioner's B.Ed degree and pass a reasoned order within three months. State respondents to revisit appointment of respondent No. 6

Biren Saikia Vs the State of Assam and 6 Ors. — Education and Admissions | Gauhati HC (2020)

¶1

Page No.# 1/4

¶2

GAHC010062022020

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/2057/2020

¶5

BIREN SAIKIA

¶6

S/O- LT. SONARAM SAIKIA, R/O- VILL- TALOICHIBARI, P.O. BARBALI, P.S. BIHPURIA, LAKHIMPUR DISTRICT, ASSAM, PIN- 784163

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT., DISPUR, GHY-6, ASSAM

¶9

2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GHY-21 KAMRUP (M) ASSAM

¶10

3:THE INSPECTOR OF SCHOOLS NORTH LAKHIMPUR DISTRICT CIRCLE NORTH LAKHIMPUR ASSAM- 787001

¶11

4:THE KHERAJKHAT SENIOR SECONDARY SCHOOL (JR. COLLEGE) P.O. BHOGPUR CHARIALI NORTH LAKHIMPUR REP. BY THE PRINCIPAL 787001

¶12

5:THE SCHOOL SELECTION COMMITTEE KHERAJKHAT SENIOR SECONDARY SCHOOL (JR. COLLEGE) P.O. BHOGPUR CHARIALI NORTH LAKHIMPUR REP. BY THE PRINCIPAL

¶13

Page No.# 2/4

¶14

787001 REP. BY ITS PRESIDENT SRI GAGAN BEHARI DAS 6:BIREN BORA A/T SENIOR KHERAJKHAT SECONDARY SCHOOL (JR. COLLEGE) P.O. BHOGPUR CHARIALI NORTH LAKHIMPUR REP. BY THE PRINCIPAL 787001 7:NATIONAL COUNCIL FOR TEACHER EDUCATION EASTERN REGIONAL COMMITTEE N- 2/82 VILL- MAYAPALLI BHUBNESWAR 751015 REP. BY THE REGIONAL DIRECTO

¶15

Advocate for the Petitioner : MR D DEKA

¶16

Advocate for the Respondent : SC, SEC. EDU.

¶17

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶18

ORDER

¶19

Date : 03-12-2020

¶20

Heard Mr. D Deka, learned counsel for the petitioner. Also heard Mr. R Mazumder, learned counsel for the Secondary Education Department of the Government of Assam, Mr. I Alam, learned counsel for the NCTE, Mr. P Bora, learned counsel for the School Managing Committee and Mr. SK Das, learned counsel for the respondent No.6.

¶21

The petitioner assails the communication dated 07.02.2020 by which the respondent No.6, Sri Biren Bora, Assistant Teacher of Kherajkhat Senior Secondary School, North Lakhimpur was appointed as the regular Principal of the said school. According to the petitioner, he has the qualification of a post graduate degree as well as a B.Ed degree and, therefore, he was duly qualified to be appointed as the regular Principal. Ignoring his claim, the respondent No.6 had been appointed.

¶22

Page No.# 3/4

¶23

The State respondents take the stand that the petitioner was not selected and appointed as a regular Principal, inasmuch as, his B.Ed degree is not a valid degree under the law. It is stated that otherwise had the B.Ed degree of the petitioner been a valid degree, it would have been the petitioner who had been selected and appointed, but as because his B.Ed degree is unacceptable under the law, he was not selected and appointed. In other words, the primary question that would require a decision is as to whether the B.Ed degree of the petitioner is a valid and acceptable degree under the law.

¶24

We are of the view that this Court in exercise of its power under Article 226 of the Constitution of India would not be the appropriate authority to decide the said question. The NCTE is the regulating authority as regards a B.Ed degree. Although the NCTE has filed an affidavit-in-opposition stating that the B.Ed degree of the petitioner is not a valid degree, but the same by itself is merely a stand in the affidavit and not a decision by the NCTE.

¶25

In view of the above, we direct the NCTE to examine the B.Ed degree of the petitioner and pass a reasoned order in the facts and circumstance in which the degree was obtained and also as to whether the said degree is a valid and acceptable degree under the law.

¶26

As regards the grievance raised in this writ petition regarding the appointment of respondent No.6 as the regular Principal of the school, we provide that the State respondents shall re-visit the regular appointment of the respondent No.6 if necessary by following the due procedure of law, after the decision by the NCTE is made available before the State respondent authorities.

¶27

The decision be made by passing a reasoned order and a copy of the same be also provided to the petitioner.

¶28

Apart from the aforesaid observation made in this writ petition, we are not providing any further in this order and it is for the State respondents to act as per law.

¶29

Page No.# 4/4

¶30

Mr. I Alam, learned counsel for the NCTE states that the Regional Director of the Eastern Regional Committee of the NCTE would be the appropriate authority to arrive at such decision. Accordingly, the decision as regards the validity of the B.Ed degree of the petitioner be taken by the Regional Director of the Eastern Regional Committee of the NCTE. The petitioner shall file an application before the Regional Director of the NCTE along with a copy of this order as well as other documents and testimonials that the petitioner may desire to rely upon to establish the validity of his B.Ed degree.

¶31

The Regional Director upon receiving the application of the petitioner shall pass a reasoned order within a period of 3(three) months thereafter.

¶32

Writ petition stands disposed of in the above terms.

¶33

Interim order passed earlier stands vacated.

¶34

JUDGE

¶35

Comparing Assistant

Biren Saikia v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Biren Saikia v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mamani Kalita Vs Preetom Saikia,Ias and Anr.

Nripen Thakuria Vs B. Kalyan Chakravarthy

Phukan Chandra Doley Vs the State of Assam and 4 Ors.

Khudeja Khatun Vs Phanindra Jidung and 2 Ors.

Biren Saikia Vs the State of Assam and 6 Ors.

Yamin Hassan Vs the State of Assam and 6 Ors.