Gauhati High Court
Jyotirmoy Nath vs The State Of Assam And 8 Ors on 7 September, 2021
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GAHC010127132021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4459/2021
JYOTIRMOY NATH
S/O LATE JOYDEB NATH.
ASSISTANT TEACHER OF BALEWAR HIGHER SECONDARY SCHOOL,
JALALPUR. CACHAR. RESIDENT OF VILLAGE KUSHIARKUL, PO
JALALPUR, PS KATIGORAH, CACHAR, ASSAM, 78816
VERSUS
THE STATE OF ASSAM AND 8 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM , EDUCATION (SECONDARY) DEPARTMENT, DISPUR
GUWAHATI 06
2:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPARTMENT
DISPUR
GUWAHATI
3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM
KAHILIPARA
GUWAHATI 781019
4:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRLCE
SILCHAR
ASSAM
788001
5:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
EASTERN REGIONAL COMMITTEE
REPRESENTED BY REGIONAL DIRECTOR
15 NILAKANTHA NAGAR
NAYAPALLI
BHUBANESWAR
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ORRISA
751012
6:MD. MUCHABBIR ALI
S/O TAHIR ALI
RESIDENT OF NIZ KATIGORAH PART I
PO GANGAPUR
DIST CACHAR
ASSMA 788804
7:MD. MOFUR UDDIN
S/O LATE ABDUL GOFUR
VILLAGE AND PO JOGODISHPUR
DIST CACHAR
ASSAM
788805
8:SRI BIJIT KUMAR DAS
ASSTT. TEACHER
BALESWAR HIGHER SECONDARY SCHOOL
RESIDENT OF VILLAGE BISHAMBARPUR
PO JALALPUR
DIST CACHAR
ASSAM
788816
9:THE SCHOOL SELECTION COMMITTEE.
TO BE REPRESENTED BY ITS PRESIDENT SMDC CUM CHAIRMAN OF
BALESWAR HIGHER SECONDARY SCHOOL
VILLAGE KUSHIARKUL
PO JALALPUR
DIST CACHAR
ASSAM 78881
Advocate for the Petitioner : MR. R P KAKOTI SR. ADV.
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
07.09.2021
Heard Mr. RP Kakoti, learned senior counsel for the petitioner, Mr. R
Mazumdar, learned counsel for the respondents No. 1, 2, 3 and 4 being the
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authorities under the Secondary Education Department of the Government of
Assam, Mr. I Alam, learned counsel for the respondent No.5 being the
authorities under the NCTE and Mr. IH Saikia, learned counsel appearing on
Caveat on behalf of the respondent No.6 Md. Muchabbir Ali. In view of the order
proposed to be passed, we deem it appropriate that notice need not be issued
to respondent No.7 Md. Mofur Uddin for the present inasmuch as, this writ
petition is intended to be disposed of requiring the Additional Secretary to the
Government of Assam in the Secondary Education Department to give a hearing
to the petitioner on the validity and legality of the B.Ed degree obtained by him
through the Hailakandi B.T College, which was subsequently re-named as Dr.
Sashibhusan Institute of Education. The respondent No.7 Md. Mofur Uddin is
also the beneficiary of a similar order by virtue of the judgment dated
09.08.2021 in WP(C) No.3551/2021.
2. Both the writ petitioner Jyotirmoy Nath and the respondent No.7 Md.
Mofur Uddin had obtained their respective B.Ed degrees through the Hailakandi
B.T College which was subsequently re-named as Dr. Sashibhusan Institute of
Education. Admittedly the said institute came into its existence on 31.12.1995
whereas on the other hand the NCTE Act came into its force from 17.08.1995.
In our earlier judgment in Pranita Sarma -vs State of Assam and others in
WP(C) No.3289/2020 we had held that if an existing B.T College when the NCTE
Act, 1995 came into force makes an application for recognition of its B.Ed
course on or before 18.08.1997, the B.Ed degree offered through such institute
would be a valid degree. But in our judgment in Mofur Uddin -vs- State of
Assam and others in WP(C) No.3551/2021, it was taken note of that the said
direction in Pranita Sarma (supra) would be applicable in such cases where
applications were made prior to 18.08.1997 and where the institute concerned
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was an existing institute as on 17.08.1995 when the NCTE Act, 1995 came into
its force.
3. What would be the effect if an institute came into its existence subsequent
to 17.08.1995 that is the date when the NCTE Act, 1995 came into its force but
the application was made prior to 18.08.1997 is still a question which is yet to
be decided by the authorities. Accordingly, in our judgment in Mofur Uddin
(supra) we remanded the matter back to the Additional Secretary to the
Government of Assam in the Secondary Education Department to take his
decision on the aforesaid issue.
4. In the present writ petition also, the petitioner Jyotirmoy Nath had
obtained his B.Ed degree from the Hailakandi B.Ed college/Dr. Sashibhusan
Institute of Education, which came into existence on 31.12.1995 i.e. after the
NCTE Act, 1995 came into its force, but the application for recognition was
made on 12.08.1997 before 18.08.1997.
5. As the claim of the petitioner Jyotirmoy Nath is also similarly placed as
that of Mofur Uddin in WP(C) No.3551/2021 and by our judgment dated
09.08.2021 in WP(C) No.3551/2021, we required the Additional Secretary to the
Government of Assam to take a decision on the aforesaid aspect, we are of the
view that in order to maintain parity, the claim of the present petitioner
Jyotirmoy Nath be also taken into consideration and decided by the Additional
Secretary in the Secondary Education Department along with the claim of Mofur
Uddin as was ordered in WP(C) No.3551/2021.
6. It is stated that a hearing is fixed by the Additional Secretary in respect of
Mofur Uddin on 09.09.2021. The writ petitioner Jyotirmoy Nath be also given a
hearing along with Mofur Uddin on 09.09.2021 by the Additional Secretary and
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a reasoned order thereafter be passed. The rest of the provisions in respect of
the service of the respondent No.6 Md. Muchabbir Ali shall be same as provided
in the judgment dated 09.08.2021 in WP(C) No.3551/2021.
The writ petition is disposed of in the above terms.
JUDGE
Comparing Assistant
