Page No.# 1/16 vs Union Of India And 7 Ors
2022 Latest Caselaw 850 Gua

                                                                 Page No.# 1/16

GAHC010126992021




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

                       Case No. : WP(C)/4071/2021

         SUKHARANJAN SILL AND ANR.
         HEADMASTER (IN-CHARGE), RATIADAHA HIGH SCHOOL, DHUBRI, S/O-
         LATE DHIRENDRA NATH SILL, I/C HEADMASTER, RATIADAHA HIGH
         SCHOOL, P.O. RATIADAHA, DIST.- DHUBRI, ASSAM, PIN- 783324.

         2: ABDUL BARI MOLLAH
          HEADMASTER (IN-CHARGE)
          KULAMUYA HIGH SCHOOL
          DHUBRI
          S/O- LATE ABDUL KARIM MOLLAH
          I/C KULAMUYA NICHIMPUR HIGH SCHOOL
          P.O. MEDORTARI- 783324
          DIST. DHUBRI
         ASSA

         VERSUS

         UNION OF INDIA AND 7 ORS.
         REP. BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCE
         DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION 127-C, SHASTRI
         BHAWAN, NEW DELHI DR. RAJENDRA PRASAD RD, RAJPATH AREA,
         CENTRAL SECRETARIAT, NEW DELHI, PIN- 110001.

         2:THE STATE OF ASSAM
          REP BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          EDUCATION DEPARTMENT
          SECONDARY
          DIPSUR
          GUWAHATI- 781006
         ASSAM

         3:ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM
          SECONDARY EDUCATION DEPARTMENT
          DISPUR
                                                                  Page No.# 2/16

             GUWAHATI- 781006
             ASSAM

            4:DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI- 781019
            ASSAM

            5:INSPECTOR OF SCHOOLS
             DHUBRI DISTRICT CIRCLE
             DHUBRI
            ASSAM
             PIN- 783324.

            6:NATIONAL COUNCIL FOR TEACHER EDUCATION
             EASTERN REGIONAL COMMITTEE NCTE
             REP. BY THE REGIONAL DIRECTOR HAVING OFFICE AT 15 NILAKANTHA
            NAGAR
            VILL.- NAYAPALLY
             BHUBANESWAR- 751015.

            7:PRINCIPAL
             GOVT B.T. COLLEGE
             GOALPARA
             BALADMARI
             DIST.- GOALPARA
            ASSAM
             PIN- 783101.

            8:GAUHATI UNIVERSITY
             REP. BY THE ACADEMIC REGISTRAR
             JALUKBARI
             PIN- 781014
            ASSA

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : ASSTT.S.G.I.

             Linked Case : WP(C)/4373/2021

            BADSHA MIAH
            ASSTT. TEACHER
            HATIZANA MUNSHIPARA JANANODOI H S
            BARPETA
            S/O- SRI KAMSER ALI
                                                         Page No.# 3/16

BARPETA TOWN ROAD
NORTH BARPETA
WARD NO-1
P.O. BARPETA ROAD
P.S. BARPETA ROAD
DIST.- BARPETA
ASSAM

VERSUS

UNION OF INDIA AND 7 ORS.
REP. BY ITS SECY.
MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPTT. OF HIGHER
EDUCATION
127-C
SHASTRI BHAWAN
NEW DELHI
DR. RAJENDRA PRASAD ROAD
RAJPATH AREA
CENTRAL SECRETARIAT
NEW DELHI
PIN- 110001

2:THE STATE OF ASSAM
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
 SECONDARY EDUCATION DEPTT.
 DISPUR
 GHY-6
ASSAM
 3:THE DIRECTOR
SECONDARY EDUCATION
ASSAM
 KAHILIPARA
 GHY-19
ASSAM
 4:ADDL. SECRETARY TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPTT.
 DISPUR
 GHY-06
ASSAM
 5:INSPECTOR OF SCHOOLS
OFFICE OF THE INSPECTOR OF SCHOOLS
 G.D.C. BARPETA
 DIST.- BARPETA
 PIN- 781315
 6:NATIONAL COUNCIL FOR TEACHER EDUCATION
EASTERN REGIONAL COMMITTEE
 NCTE
                                                      Page No.# 4/16

REP. BY THE REGIONAL DIRECTOR HAVING OFFICE AT 15 NILAKANTHA
NAGAR
VILL- NAYAPALLY
BHUBANESWAR- 751015
7:GAUHATI UNIVERSITY
REP. BY THE ACADEMIC REGISTRAR
JALUKBARI
ASSAM
PIN- 781014
8:GOVERNMENT B.T. COLLEGE
GOALPARA
REP. BY PRINCIPAL GOVT B.T. COLLEGE
BALAD MARI
DIST.- GOALPARA
ASSAM
PIN- 783121
------------

Advocate for : MR. S K GOSWAMI Advocate for : SC G U appearing for UNION OF INDIA AND 7 ORS.

Linked Case : WP(C)/1213/2022

REETA MECH THE HEADMISTRESS-IN-CHARGE OF THE RONGPUR GIRLS HIGH SCHOOL NA-ALI SIVASAGAR P.O. AND DIST. SIVASAGAR ASSAM PIN- 785640.

VERSUS

THE STATE OF ASSAM AND 12 ORS.

REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6.

3:THE SPECIAL COMMISSIONER TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06.

4:THE DIRECTOR OF SECONDARY EDUCATION Page No.# 5/16

ASSAM KAHILIPARA GUWAHATI-781019.

5:THE JOINT DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019.

6:THE INSPECTOR OF SCHOOLS NAKARI ROAD LAKHIMPUR DISTRICT CIRCLE LAKHIMPUR DIST.- NORTH LAKHIMPUR PIN- 787001.

7:THE INSPECTOR OF SCHOOLS

N.D.C. NALBARI MAIN ROAD DIST.- NALBARI PIN- 781335.

8:THE INSPECTOR OF SCHOOLS TINSUKIA DISTRICT CIRCLE CHALIA NAGAR TINSUKIA DIST.- TINSUKIA PIN- 786125.

9:THE INSPECTOR OF SCHOOLS JORHAT DISTRICT CIRCLE ATILAGAON JORHAT DIST. JORHAT PIN- 785001.

10:THE INSPECTOR OF SCHOOLS MORIGAON DISTRICT CIRCLE VIP ROAD MORIGAON DIST. MORIGAON ASSAM PIN- 782105.

11:THE INSPECTOR OF SCHOOLS S.D.C.

SIBSAGAR FULESHWARI SCHOOL ROAD DIST. SIVASAGAR PIN- 785640.

12:THE NATIONAL COUNCIL OF TEACHERS EDUCATION (NCTE IN SHORT) G-7 SECTOR-10 DWARKA NEAR METRO STATION Page No.# 6/16

NEW DELHI-110075 REP. BY ITS CHAIRPERSON.

13:THE CHAIRPERSON NATIONAL COUNCIL OF TEACHERS EDUCATION (NCTE IN SHORT) G-7 SECTOR-10 DWARKA NEAR METRO STATION NEW DELHI-110075.

------------

Advocate for : MR. A K DAS Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 12 ORS.

Linked Case : WP(C)/4218/2021

BHADRA KR DOLEY AND 8 ORS HEADMASTER JUGISUTI TRIBAL HIGH SCHOOL P.O. JUGISUTI P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787055

2: SRI RAMENDRA NATH SARMA I/C HEAD MASTER MILAN HIGH SCHOOL PANIGAON P.O. AND VILL- PANIGAON P.S. BELSOR

DIST.NALBARI ASSAM PIN-781353

3: SRI RAJU KUMAR RAI I/C HEAD MASTER SUNPURA HIGH SCHOOL P.O. NATUN BALIJAN P.S. CHENGCHUP CHARIALI SADIA DIST. TINSUKIA ASSAM PIN-786158

4: SRI PANKAJ KUMAR PUZARI

HEAD MASTER Page No.# 7/16

KAKADUNGA HABI GAON HIGH SCHOOL TITABOR P.O. KAKADUNGA P.S. TITABOR DIST. JORHAT

PIN-785631

5: MD. BAHARUL ISLAM HEAD MASTER I/C BALIDUNGA LALBAHADUR SASTRI SECONDARY SCHOOL P.O. BHURAGAON DIST. MORIGAON ASSAM

PIN-782121

6: SRI KARTIK SARMA HEAD MASTER SIDDHI SARMA HIGH SCHOOL DHURKUCHI P.O. CHATAMA DIST.NALBARI ASSAM PIN-781350

7: SRI ANIL CH. BARUAH HEAD MASTER DIKHOWMUKH GIRLS HIGH SCHOOL P.O. BHARALUA TINIALI P.S. AMGURI DIST. SIVASAGAR ASSAM PIN-785664

8: SRI PARESH SARMA HEADMASTER NAMATI HIGH SCHOOL VILL AND P.O. NIZ-NAMATI DIST. NALBARI ASSAM PIN-781355

9: SRI APURBA KR. KALITA HEAD MASTER DIKSHU HIGH SCHOOL P.O. DIKSHU P.S. AMGURI DIST. SIVASAGAR Page No.# 8/16

ASSAM PIN-785684 VERSUS

THE STATE OF ASSAM AND 10 ORS REP. BY ITS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06.

3:THE SPECIAL COMMISSIONER TO THE GOVT. OF ASSAM

SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06.

4:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM KAHILIPARA GUWAHATI-781019 5:THE JOINT DIRECTOR OF SECONDARY EDUCATION

ASSAM KAHILIPARA GUWAHATI-781019 6:THE INSPECTOR OF SCHOOLS

NAKARI ROAD LAKHIMPUR DISTRICT CIRCLE

LAKHIMPUR DIST. NORTH LAKHIMPUR PIN-787001 7:THE INSPECTOR OF SCHOOLS

N.D.C. NALBARI MAIN ROAD DIST. NALBARI PIN-781335

8:THE INSPECTOR OF SCHOOLS TINSUKIA DISTRICT CIRCLE CHALIA NAGAR TINSUKIA Page No.# 9/16

DIST TINSUKIA PIN-786125

9:THE INSPECTOR OF SCHOOLS JORHAT DISTRICT CIRCLE ATILAGAON JORHAT DIST. JORHAT PIN-785001

10:THE INSPECTOR OF SCHOOLS MORIGAON DISTRICT CIRCLE VIP ROAD MORIGAON DIST. MORIGAON PIN-782105 11:THE INSPECTOR OF SCHOOLS

S.D.C. SIBSAGAR FULESHWARI SCHOOL ROAD DIST. SIVASAGAR PIN-785640 12:THE NATIONAL COUNCIL OF TEACHERS EDUCATION (NCTE) G-7 SECTOR- 10 DWARKA NEAR METRO STATION NEW DELHI- 110075 REPRESENTED BY ITS CHAIRMAN.

13:THE CHAIRPERSON NATIONAL COUNCIL OF TEACHERS EDUCATION (NCTE) G- 7 SECTOR- 10 DWARKA NEAR METRO STATION NEW DELHI- 110075.

------------

Advocate for : MR. A K DAS Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 10 ORS

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

Date : 10-03-2022

JUDGMENT & ORDER (ORAL) Page No.# 10/16

Heard Mr. SK Goswami, learned counsel for the writ petitioners in WP(C) No. 4071/2021 and WP(C) No. 4373/2021, Mr.A. Narzari, learned counsel for the petitioners in WP(C) No. 4218/2021 and WP(C) No. 1213/2022, Mr. Girin Pegu, learned CGC for the respondents in the Union of India through the Ministry of Human Resources Development, Department of Higher Education, Mr. R Mazumdar, learned counsel for the respondents in the Secondary Education Department of the Government of Assam, Mr. I Alam, learned counsel for the respondents in the NCTE and Mr. PJ Phukan, learned counsel for the respondents in the Gauhati University. The respondent Government B.T College, Goalpara being an institute under the Government of Assam, Mr. R Mazumdar, learned counsel for the Education Department also appears for the said respondent.

2. Without going into the details of the facts raised by the petitioner in this batch of writ petitions, we take note of that all the writ petitioners had participated in a selection process for promotion as Headmasters of the respective/various high schools, which were undertaken by the Secondary Education Department of the Government of Assam. All the petitioners were otherwise declared successful in the selection process and accordingly are entitled to be promoted as Headmasters. But as because an issue remained as to the acceptability of the B.Ed degrees of the writ petitioners as because the said issue had not been finally settled, the respective promotion orders are being withheld by the respondents in the Secondary Education Department. The petitioners in WP(C) No. 4071/2021 and WP(C) No. 4373/2021 had obtained their respective B.Ed degres through the Government B.T College, Goalpara whereas the petitioners in WP(C) No. 4218/2021 and WP(C) No. 1213/2022 had obtained their respective B.Ed degrees through the Government Post Graduate Page No.# 11/16

Training College, Jorhat, Government Banikanta College of Teachers Education, Guwahati, Government Siksha Mahavidyalaya, Nagaon and Government Mangaldoi Teacher Training College, Darrang, respectively. It is an admitted position of all the parties that the institutions namely Government B.T College, Goalpara, Government Post Graduate Training College, Jorhat, Government Banikanta College of Teachers Education, Guwahati, Government Siksha Mahavidyalaya, Nagaon and Government Mangaldoi Teacher Training College, Darrang are Government institutions and are wholly funded by the Government of Assam. The respective B.Ed degrees of the petitioners were obtained during the academic Session 1996-97, where the examination was held in the year 1998.

3. Section 14 of the National Council for Teacher Education Act, 1993 (in short Act of 1993) provides that every institutions offering or intending to offer a course or training in teacher education on or after the appointed date, may for grant of recognition under the Act, make an application to the concerned Regional Committee of the National Council for Teacher Education (NCTE). The appointed date is stated to be 01.07.1995.

4. Proviso to Section 14(1) further provides that the institutions offering a course or training in teacher education may continue to do so for a period of six months, if it has made an application for recognition within the said period of six months. In other words, any such application made within six months of 01.07.1995, the B.Ed degree obtained through such institutions would be a valid degree under the law. The period of six months was subsequently extended by the relevant notification up to 18.08.1997, meaning thereby, that any of the institutions which had made the application prior to the said date, the B.Ed degrees obtained through such institutions would be a valid degree under the Page No.# 12/16

law.

5. Taking into consideration the relevant provisions of law, a judgment was rendered by this Court in WP(C) No. 3289/2020 (Pranita Sarma -vs- State of Assam and others), wherein it was provided that in the event any of the institutions offering the course of teacher education had made its application for recognition before the NCTE on or before 18.08.1997, the B.Ed degree that may be obtained through such institutions would be a valid degree under the law.

6. In the instant case, it is uncertain from the facts placed before the Court as to whether the institutions namely Government B.T College, Goalpara, Government Post Graduate Training College, Jorhat, Government Banikanta College of Teachers Education, Guwahati, Government Siksha Mahavidyalaya, Nagaon and Government Mangaldoi Teacher Training College, Darrang thorugh which the petitioners had obtained their respective B.Ed degrees have made their applications for recognition before the Regional Committee of the NCTE on or before 18.08.1997 so as to render the B.Ed degrees obtained through such institutions to be a valid B.Ed degree under the law.

7. Without going into the said question, we take note of the amendment to the National Council for Teacher Education Act, 1993 as per the National Council for Teacher Education Amendment Act, 2019 (in short Amendment Act of 2019). Section 2 of the Amendment Act of 2019 inter-alia provides as extracted:-

"In the national Council for Teacher Education Act, 1993 (hereinafter

referred to as the principal Act), in section 14, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:-

"Provided further that such institutions, as may be specified by the Central Government by notification in the Official Gazette, which-

Page No.# 13/16

(i) are funded by the Central Government or the State Government or the Union territory Administration;

(ii) have offered a course or training in teacher education on or after the appointed day till the academic year 2017-2018; and

(iii) fulfill the conditions specified under clause (a) of sub-section (3), shall be deemed to have been recognized by the Regional Committee."

8. A reading of the second proviso incorporated by the amendment would go to show that in the event the institutions offering the teacher training course or B.Ed course are funded either by the Central Government or the State Government or the Union territory Administration and had offered a teacher training course or B.Ed course on or after the appointed date up to the academic year 2017-2018, the Central Government may specify by a notification in the official Gazette that the B.Ed degrees obtained through such institutions shall be deemed to have been recognized by the Regional Committee of the NCTE. In other words, by the second proviso incorporated by the Amendment Act of 2019, a legal fiction had been created that in the event the B.Ed degree is obtained through an institution which is funded either by the Central Government or the State Government, irrespective of making any such application before 18.08.1997, the B.Ed degrees that may be obtained through such institutions would be deemed under the law to be a valid degree.

9. A reading of the second proviso incorporated by the Amendment Act of 2019 makes it discernible that no further discretion is vested on the Central Government whether or not to issue a notification incorporating the names of such institutions offering the B.Ed course which were funded by the State Government and all that is required is an admitted position of the respective State Governments that the concerned institution was funded by the State Page No.# 14/16

Government itself and are duly certified to that effect. Upon the existence of such admitted position by the State Government along with a due certification thereof, it remains only a mere formality on the part of the Central Government to issue the notification and on the issuance of such notification, the B.Ed degrees that may be obtained through such institutions would be a valid degree under the law.

10. In the instant case, from the materials on record and also taking note of the admitted position by the Education Department of the Government of Assam that the institutions namely Government B.T College, Goalpara, Government Post Graduate Training College, Jorhat, Government Banikanta College of Teachers Education, Guwahati, Government Siksha Mahavidyalaya, Nagaon and Government Mangaldoi Teacher Training College, Darrang are funded by the State Government and the petitioners having obtained their respective B.Ed degrees through the said institutions, we are of the view that a legal fiction is created in favour of the petitioners that the B.Ed degrees obtained from the aforesaid institutions would be a valid B.Ed degree under the law as per the provisions of the second proviso to Section 14(1) of the NCTE Act as brought in by the Amendment Act of 2019.

11. As it is an admitted position of the Government of Assam that the institutions were funded by the State Government, only a mere formality remains on the part of the Central Government to issue the required notification upon an application being made by the Secondary Education Department of the Government of Assam for doing the needful. We have been told that apart from the institutions namely Government B.T College, Goalpara, Government Post Graduate Training College, Jorhat, Government Banikanta College of Teachers Education, Guwahati, Government Siksha Mahavidyalaya, Nagaon and Page No.# 15/16

Government Mangaldoi Teacher Training College, Darrang, there are some other institutions in existence in the State of Assam, who are also wholly funded by the State Government. But in respect of those institutions also, no applications have been made by the Secondary Education Department to the Central Government for issuing the necessary notification as required by the second proviso to Section 14(1) of the NCTE Act of 1993 (as amended).

12. As a legal fiction had been created by the second proviso by the NCTE Act of 1993 as amended by the Amendment Act of 2019, in favour of a validity of the B.Ed degrees, we direct the Principal Secretary to the Government of Assam in the Secondary Education Department to immediately make an application under the second proviso to the NCTE Act of 1993 as amended by the Amendment Act of 2019 for issuing the necessary notification thereof providing that the B.Ed degrees obtained through such institutions are deemed to be a valid degree under the law. In doing so, the Principal Secretary shall include all such institutions which are funded by the State Government and are offering B.Ed course including the institutions namely Government B.T College, Goalpara, Government Post Graduate Training College, Jorhat, Government Banikanta College of Teachers Education, Guwahati, Government Siksha Mahavidyalaya, Nagaon and Government Mangaldoi Teacher Training College, Darrang. Along with the application, the necessary statements that the institutions are wholly funded by the State Government and a due certification thereof be also submitted before the Central Government.

13. Upon receipt of the application, the Central Government through the Ministry of Human Resources Development Department of Higher Education shall issue the required notification under the second proviso to Section 14(1) of the NCTE Act of 1993 as amended by the Amendment Act of 2019.

Page No.# 16/16

14. As under the law, the B.Ed degrees obtained by the petitioners are otherwise valid degrees except for the procedural requirement of the Central Government to issue the notification as indicated above, we also direct the authorities in the Secondary Education Department of the Government of Assam to promote the petitioners provisionally, who are otherwise selected for the post of Headmasters, till such notification is issued by the Central Government, provided apart from the issue of the validity of the B.Ed degrees, the petitioners have been duly selected for promotion.

15. In view of what is provided hereinabove, the order of the Additional Secretary to the Government of Assam in the Secondary Education Department dated 26.07.2021 refusing the promotion of the petitioners as regular Headmasters, stands set aside. The Central Government is requested to issue the notification at the earliest as may be convenient. But, however, the Principal Secretary to the Government of Assam in the Secondary Education Department shall submit the necessary application forthwith and in no case later than 15(fifteen) days from today.

The writ petitions are allowed to the extent as indicated above.

JUDGE

Comparing Assistant