Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 16 July, 2021
Page No.# 1/4
GAHC010101162021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3280/2021
DEEPAK KR PRASAD
S/O SRI SIDDHESWAR PRASAD
WARD NO. 15, COLLEGE NAGAR, PO BIDYAPARA, DIST DHUBRI, ASSAM,
783324
2: SAHIDUL HAQUE SARKAR
S/O LATE ABDUL HAMID SARKAR
VILLAGE BELGURI PART I
PO BELGURI
DIST DHUBRI
ASSAM
78332
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR GUWAHATI
781006
2:DIRECTOR OF SECONDARY EDUCATION ASSAM
KAHILIPARA
GUWAHATI 19 ASSAM
3:INSPECTOR OF SCHOOL
DHUBRI DISTRICT CIRCLE
DHUBRI
ASSAM 783324
4:EASTERN REGIONAL COMMITTEE
NCTE
REPRESENTED BY THE REGIONAL DIRECTOR
HAVING OFFICE AT 15 NILAKANTHA NAGAR
VILLAGE NAYAPALLY
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BHUBANESWAR
751015
5:THE PRINCIPAL
DHUBRI POST GRADUATE TEACHERS TRAINING COLLEGE
BIDYAPARA
DIST DHUBRI
ASSAM
78332
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 16-07-2021
Heard Mr. S.K. Goswami, learned counsel for the petitioner. Also heard
Mr. S.M.T. Chistie, learned counsel for the respondents No.1, 2 and 3 being
the authorities under the Secondary Education Department of the Govt. of
Assam and Mr. I. Alam, learned counsel for the NCTE.
2. Considering the nature of the order proposed to be passed, notice need not
be issued to the respondent No.5.
3. There is a dispute as regard validity and acceptability of the B.Ed degree of
the petitioners namely, Deepak Kr. Prasad and Sahidul Haque Sarkar. Without
going into any further detail, the communication bearing No.
DSE/SSB/HM/Pending/162/2020/101 dated 25.02.2020 from the Director of
Secondary Education, Assam to the Commissioner and Secretary to the Govt. of
Assam in the Secondary Education Department has been brought to our notice.
The said communication relates to the validity of the B.Ed degrees for
promotion to the posts of Headmaster of High Schools.
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4. Clauses 7 and 8 of the communication dated 25.02.2020 is as follows:-
"(7)& (8) Sri Sahidul Hoque Sarkar, S/T, Belguri H.S. School, Dhubri
and Sri Dipak Kr. Prasad, AHM, Jawahar Hindi High School under Dhubri
District was a trainee during the session of 1998-99 of PGTT College,
Dhubri and passed B.Ed Degree in the year 2000. There was a Provisional
NCTE Recognition for the session of 1998-99 in the name of PGTT
Collage, Dhubri. Hence, their B.Ed Degree are valid. A copy of recognition
is enclosed herewith. This is for kind information and necessary action of
the Govt."
5. A reading of Clauses 7 & 8 goes to show that there is a satisfaction on the
part of the Director of Secondary Education that the B.E.d degrees of the two
petitioners are acceptable and valid and for the purpose certain reasons have
also been given.
6. In response thereof, the Commissioner & Secretary to the Secondary
Education Department by the communication dated 27.07.2020 addressed to the
Director of Secondary Education, Assam had held that as per the views of the
judicial department the B.Ed degrees of the persons referred therein, which also
includes the petitioners, are unacceptable and accordingly, their cases for
promotion as Headmaster stood rejected. One of the person referred in the
communication of the Director dated 25.02.2020 namely Pranita Sarma in
respect of Gitanagar High School, Kamrup(M) who was also rejected by the
Commissioner by the order dated 27.07.2020 had approached this Court by way
of WP(C) 3289/2020 which was given a final consideration by the judgment
dated 25.02.2021. It is stated that the case of the petitioners is identical as that
of Pranita Sarma.
7. In the Judgement dated 25.02.2021 in WP(C) 3289/2020, the
communication dated 27.07.2020 in respect of Pranita Sarma was set aside.
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8. In view of the above, we are of the view that it is a fit case to remand the
matter back to the Commissioner & Secretary for a fresh consideration by taking
note of the judgment dated 25.02.2021 in WP(C) 3289/2020 and pass a
reasoned order thereon. In doing so, the Commissioner & Secretary may
examine the matter and arrive at its own conclusion as to whether the facts and
circumstance of the case of Pranita Sarma and that of the present petitioners
namely Deepak Kr. Prasad and Sahidul Haque Sarkar are identical or not. If yes,
whether the same judgment would also cover their case.
9. In this respect, another judgment dated 19.03.2021 in WP(C) 1794/2021
be also taken note of. The petitioners to provide the Commissioner & Secretary
with a copy of the two aforesaid judgments along with the certified copy of this
order for doing the needful.
10. The requirement be done within a period of two months from the date of
certified copy of the order.
JUDGE
Comparing Assistant
