Shakuntala Devi vs The Union Of India And 7 Ors
2022 Latest Caselaw 889 Gua

                                                                  Page No.# 1/8

GAHC010129672021




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

                         Case No. : WP(C)/4236/2021

         SHAKUNTALA DEVI
         W/O- NIBARAN CH. RABHA, R/O- VILL- BALAD MARI (DURGA MANDIR),
         P.O. BALAD MARI, P.S. GOALPARA, DIST.- GOALPARA, ASSAM



         VERSUS

         THE 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
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            5:INSPECTOR OF SCHOOLS
             G.D.C. GOALPARA
             DIST.- GOALPARA
             PIN-

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

            8:GOVT. B.T. COLLEGE
             GOALPARA
             REP. BY PRINCIPAL GOVT. B.T. COLLEGE
             BALAD MARI
             DIST.- GOALPARA
            ASSAM
             PIN- 78312

Advocate for the Petitioner   : MR. S K GOSWAMI

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

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

JUDGMENT & ORDER (ORAL)

Date: 14.03.2022 Heard Mr. SK Goswami, learned counsel for the writ petitioner. Also heard Mr. Girin Pegu, learned CGC for the respondents in the Union of India through the Ministry of Human Resources Development, Department of Higher Page No.# 3/8

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 writ petition, we take note of that the writ petitioner had participated in a selection process for promotion as Headmaster of Nehru Vidyapith High School, Goalpara which was undertaken by the Secondary Education Department of the Government of Assam. The petitioner was otherwise declared successful in the selection process and accordingly is entitled to be promoted as Headmaster. But as because an issue remained as to the acceptability of the B.Ed degree of the writ petitioner as because the said issue had not been finally settled, the promotion order is being withheld by the respondents in the Secondary Education Department. The petitioner had obtained her B.Ed degree through the Government B.T College, Goalpara. It is an admitted position of the parties that the institution namely Government B.T College, Goalpara is a Government institution and is wholly funded by the Government of Assam. The B.Ed degree of the petitioner is obtained during the academic Session 1996-97, where the examination was held in the year 1997.

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 Page No.# 4/8

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 institution which had made the application prior to the said date, the B.Ed degree obtained through such institution would be a valid degree under the 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 institution 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 institution 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 B.T College, Goalpara through which the petitioner had obtained her B.Ed degree has made her application for recognition before the Regional Committee of the NCTE on or before 18.08.1997 so as to render the B.Ed degree obtained through such institution 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 Page No.# 5/8

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-

(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 degree 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 Page No.# 6/8

application before 18.08.1997, the B.Ed degree that may be obtained through such institution 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 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 institution namely Government B.T College, Goalpara is funded by the State Government and the petitioner having obtained her B.Ed degree through the said institution, we are of the view that a legal fiction is created in favour of the petitioner that the B.Ed degree obtained from the aforesaid institution 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 institution was 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 Page No.# 7/8

Government of Assam for doing the needful. We have been told that apart from the institution namely Government B.T College, Goalpara, 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 application has 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 institution namely Government B.T College, Goalpara. 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.

14. As under the law, the B.Ed degree obtained by the petitioner are otherwise valid degrees except for the procedural requirement of the Central Page No.# 8/8

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 petitioner provisionally, who are otherwise selected for the post of Headmaster, till such notification is issued by the Central Government, provided apart from the issue of the validity of the B.Ed degree, the petitioner 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 petitioner as regular Headmaster, 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.

16. The writ petition is allowed to the extent as indicated above.

JUDGE

Comparing Assistant