Gauhati High Court
Karam Ali vs The State Of Assam And 3 Ors on 1 February, 2021
Page No.# 1/3
GAHC010307992019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/9361/2019
with
I.A.(Civil) 500/2020
KARAM ALI
S/O LT. SAMIRUDDIN AHMED, R/O VILL. MAROI-I, P.O. MAROI, P.S.
SIPAJHAR, DIST DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION (SECONDARY) DEPTT. DISPUR, GUWAHATI-6, ASSAM
2:THE DIRECTOR OF SECONDARY EDUCATTION
ASSAM
KAHILILIPARA
GUWAHATI-19
3:THE INSPECTOR OF SCHOOLS
DARRANG DISTRICT CIRCLE
MANGALDOI
P.O. AND DIST. MONGALDOI
ASSAM
PIN-784125
4:MAINUL HOQUE
S/O SAYADUR RAHMAN
ASSISTANT TEACHER
DUMNICHOWKI GIRLS HIGH SCHOOL
DARRANG
P.O. DUMUNICHOWKI
PS. SIPAJHAR
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DIST. DARRANG
ASSAM
PIN-78112
Advocate for the Petitioner : MR. P P DUTTA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
01-02-2021
Heard Mr. P. P. Dutta, learned counsel for the petitioner. Also heard Mr. R. Mozumdar,
learned Standing counsel, Secondary Education Department for the respondent Nos. 1 to 3
and Mr. A. Deka, learned counsel for the private respondent No.4.
In the connected I.A.(C) that was preferred by the respondent No.4, he clarified with
regard to the criminal case pending against him and placed that the learned Chief Judicial
Magistrate, Darrang, Mangaldoi by the judgment and order dated 02.07.2019, passed in G.R.
Case No. 1193/2018 arising out of Sipajhar P.S. Case No. 318/2018 acquitted him from the
charges under Sections 294/506 of the IPC and set him at liberty since the prosecution failed
to establish the alleged guilt against him.
In his said application, the respondent No.4 also placed before the Court that the
Director of Secondary Education, Assam sent him on deputation for the B.Ed course for the
Session 2003-04 and he obtained the B.Ed. Degree in the year 2004 from the Mangaldoi
Government Teachers Training College (B.Ed.). He also stated that the writ petitioner
obtained his B.Ed. Degree from Sipajhar B.Ed. College in the year 1995 which was recognized
by the NCTE during the Session 1999-2015 and the said College obtained affiliation from the
Gauhati University from the Session 1999-2000 only. According to the respondent No.4, the
B.Ed. Degree obtained by the writ petitioner in the year 1995 from Gauhati University is not
valid in the eye of law as the NCTE Act came into force w.e.f., 01.07.1995.
The B.Ed. Degree Pass Certificate annexed by the petitioner at Annexure-2 to this
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petition reflects that he passed the B.Ed. Examination, in the year 1995 (One Year Course)
from Sipajhar B.Ed College, Sipajhar.
In view of the above, the Court is of the view that the Gauhati University represented
by its Registrar is a necessary party for proper adjudication of the case. Accordingly, the
petitioner is directed to implead the Gauhati University represented by its Registrar as party
respondent No.5 in the present proceeding and to correct the cause title by hand during the
course of the day.
Petitioner shall serve requisite extra copy of this writ petition including the annexures
appended thereto to the learned Standing counsel, Gauhati University by tomorrow obtaining
necessary acknowledgement.
List this matter on 04.02.2021 reflecting the name of Standing counsel, Gauhati
University in the cause list against this item in the respondent column.
JUDGE
Comparing Assistant
