Gauhati High Court
Uday Bhanu Singh Chhatri vs The State Of Assam And 3 Ors on 5 March, 2021
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GAHC010175052020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5187/2020
UDAY BHANU SINGH CHHATRI
S/O LATE HARI SINGH CHHATRI, I/C HEADMASTER OF BC ROY
MEMORIAL ACADEMY HIGH SCHOOL, CACHAR, RANGPUR, SILCHAR, R/O
ABHINANDAN COMPLEX, UDAY BHAWAN, ITKHOLA SILCHAR, DIST
CACHAR, ASSAM 788001
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION SEONDARY DEPARTMENT, DISPUR GUWAHATI 6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI 19
3:THE INSPECTOR OF SCHOOLS
CDC SILCHAR
CACHAR
ASSAM 788001
4:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
EASTERN REGIONAL COMMITTEE
REPRESENTED BY ITS REGIONAL DIRECTOR
15 NILAKANTHA NAGAR
NAYAPALLI BHUBANESWAR
ORISSA
75101
Advocate for the Petitioner : MR. B PURKAYASTHA
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Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 05/03/2021
Heard Mr. B. Purakayastha, learned counsel for the petitioner. Also heard Mr. S.M.T.
Chistie, learned counsel for the respondents No.1, 2 and 3 and Mr. I. Alam, learned counsel for the
respondent No.4.
2. Issue notice, returnable in 4 (four) weeks. Extra copies be furnished within three days.
3. The petitioner was promoted to the post of Headmaster of R.K. M.E. School on 22.02.2010 and
subsequently the R.K. M.E. School was amalgamated with Dr. B.C. Roy Memorial Academy w.e.f.
27.11.2017. Upon amalgamation, the petitioner was construed to be the Assistant Headmaster of the
amalgamated Dr. B.C. Roy Memorial Academy. On the retirement of the regular Headmaster, the
petitioner was allowed to hold the charge of Headmaster of the amalgamated school.
4. An issue had risen as to whether the B.Ed degree (Siksha Bisarad) of the petitioner from Hindi
Sahitya Sammelan, Allahabad would be construed to be a valid B.Ed degree.
5. In the impugned order dated 13.10.2020, the Director of Secondary Education, Assam has
arrived at a conclusion that as per the Govt. Office Memorandum No. AHE 293/2008/147 dtd.
09.07.2017 the said degree is not a valid B.Ed degree. By our earlier order dated 09.12.2020, we
required the learned counsel for the NCTE to provide the information as to whether the B.Ed degree
(Siksha Visharad) from Hindi Sahitya Sammelan, Allahabad is an acceptable B.Ed degree under the
NCTE. The said information could not be furnished to the Court by the learned counsel for the NCTE.
6. However, Mr. S.M.T. Chistie, learned counsel for the Secondary Education Department has
produced an order of the High Court of Allahabad in Writ Appeal No.18820/2014 (Durbeen Singh -vs-
State of U.P and 3 Others). In the referred judgment, a reference is made to the judgment of the High
Court of Allahabad to a decision in Shailendra Kumar Singh -Vs- State of U.P reported in 2004 (2)
AWC 1098, wherein in, it had been held that the B.Ed degree (Siksha Visharad) issued by the Hindi
Sahitya Sammelan, Allahabad is not recognized by the University Grants Commission.
7. In view of such material being produced, prima facie, for the present, we are unable to accept
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that the B.Ed (Siksha Visharad) of the petitioner from Hindi Sahitya Sammelan, Allahabad would be an
acceptable B.Ed degree.
8. In view of the above, no prima facie case has been made out for an interim order. The balance of
convenience would also against the petitioner inasmuch as, if any interim order is passed staying the
order dated 13.10.2020 the effect would be that a person not qualified to hold the post of Headmaster
would continue to hold so.
9. Accordingly, the interim order rejected. However, the petitioner is given the liberty to produce
any relevant material which may indicate that the B.Ed degree (Siksha Visharad) from Hindi Sahitya
Sammelan, Allahabad is an acceptable degree.
List after four weeks.
JUDGE
Comparing Assistant
