Gauhati High Court
Rita Rani Roy vs The State Of Assam And 4 Ors on 2 May, 2023
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GAHC010072672023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1663/2023
with
I.A.(Civil)/921/2023
RITA RANI ROY
W/O- SANTANU ROY
R/O- SHYAMANANDA ASHRAM ROAD
DIST. CACHAR
ASSAM
PIN- 788005.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS
CACHAR
CACHAR DISTRICT CIRCLE
SILCHAR
ASSAM
PIN- 788001.
4:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
THROUGH THE CHAIRPERSON
HANS BHAWAN (WING II)
1 BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002.
5:GEETASHREE DAS
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SUBJECT TEACHER OF SWARNA LAKSHMI HIGHER SECONDARY SCHOOL
NARSHINGPUR
DIST. CACHAR
ASSAM
PIN- 788115.
------------
Advocate for : MR. I H SAIKIA
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
02-05-2023
Heard Mr. I. H. Saikia, learned counsel for the petitioner and Mr. B. Kaushik, learned
Standing Counsel, Department of School Education for the respondent Nos. 1 to 3. Also heard
Mr. I. Alam, learned Standing Counsel, NCTE for the respondent No.4 as well as Mr. S. K. Das,
learned counsel for the respondent No.5.
2) Mr. Das, learned counsel for the respondent No.5 placed before the Court a copy of
the order dated 28.04.2023, passed by Hon'ble Division Bench in WA No.154/2022 (Swapan
Kr. Singha Vs. State of Assam and 7 Ors.) dismissing the said Writ Appeal and upholding the
common judgment and order dated 05.04.2022, passed in WP(C) No. 3214/2019, whereby,
the B.Ed. Degree obtained by the respondent Nos. 6, 7 and 8 in WA No.154/2022 as well in
WP(C) No.3214/2019 from Hailakandi B.Ed. College, renamed as Dr. Sashi Bhusan Institute of
Education, Hailakandi, not being interfered by the Hon'ble Division Bench, have been upheld.
3) Pursuant to the letter of the NCTE under No.F.8-1/96-97/NCTE dated 29.07.1997,
regarding recognition, permission and affiliation of B.Ed. Colleges under it, the Assam
University by its letter DO. No. All/VCR/39-1/96-3255 dated 22.08.1996 (Anneuxre-10 in the
connected I.A.(C) 921/2023) apprised the NCTE that though the five B.Ed. Colleges, namely,
(i) Government T.T. College, Silchar, (ii) Silchar College of Education, Silchar, (iii) Diphu B.Ed.
College, Diphu, (iv) Vivekananda College of Education, Karimganj and (v) Hailakandi B.Ed.
College, Hailakandi that are situated in the district headquarters that are under their
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jurisdiction, were permitted by the said University; but those B.Ed. Colleges were yet to be
affiliated and that the said University have not allowed to conduct B.Ed. Course by means of
correspondence to any of those five B.Ed. Colleges.
4) Moreover, the Assam University by its letter No.AUD/9/96/102 dated 05.07.1996
informed the Principal of Hailakandi B.Ed. College to start its first year classes from the
Session 1996-97 stating that the permission is valid for one year only, which the said B.Ed.
College should not treat as amounting to granting affiliation to it.
5) Annexure-18 to the present petition a letter of the NCTE No.F.8-1/96-97/NCTE dated
29.07.1997 to the Assam University reflects that the NCTE informed the said University that
as per Section 16 of the NCTE Act, after 17.08.1995 no examination body can grant
affiliation, provisional or otherwise, to any institution or hold examination, whether,
provisional or otherwise, for a Course or Training conducted by an institution, unless the
institution concerned has obtained recognition/permission from the Regional Committee
concerned under the provisions of Section 14 or 15 of the said NCTE Act. By the said letter
dated 29.07.1997 the NCTE further informed the Assam University that as per the provisions
contained in Section 17 of the NCTE Act qualification in Teacher Education obtained pursuant
to a Course or Training from institution which fail or neglect to obtain recognition/permission
under the Act, shall not be treated as a valid qualification for the purposes of employment
under the Central Government, any State Government or University or in any School, College
or other educational body aided by the Central Government or any State Government.
6) In view of the above, the Court is of the opinion that the Assam University, Silchar-
788015, represented by its Registrar, is a necessary party for proper adjudication of this case.
7) As such, the Assam University, Silchar-788015, represented by its Registrar, be
impleaded as party respondent No.6 in the present proceeding.
8) Registry shall accordingly correct the cause title by impleading the Assam University,
Silchar-788015, represented by its Registrar, as party respondent No.6 in the present writ
petition as well as opposite party No.6 in the connected I.A.(C) No. 921/2023.
9) Mr. S. C. Keyal, learned Standing Counsel, Assam University have entered appearance
on behalf of the newly impleaded respondent/opposite party No.6, Assam University in both
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the present petition as well as in the connected I.A.(C) No.921/2023.
10) On the next date fixed, the respondent Assam University shall apprise the Court as to
when necessary permission to (i) Government T.T. College, Silchar, (ii) Silchar College of
Education, Silchar, (iii) Diphu B.Ed. College, Diphu, (iv) Vivekananda College of Education,
Karimganj and (v) Hailakandi B.Ed. College, Hailakandi under the jurisdiction of the Assam
University were extended, stating from the initial date of their permission by the said
University, till the last date of such extension prior to recognition granted by the NCTE, with
copies of such extension of permission to each of those five B.Ed. Colleges. The respondent
Assam University shall also, apprise the Court as to whether it granted/ sanctioned affiliation
to those five B.Ed. Colleges, named above, and if so, the copies of such orders of affiliation
granted to each of those five B.Ed. Colleges for admission of students in B.Ed. course in those
Colleges. The respondent Assam University shall further, apprise the Court as to whether it
acted as an examination body after the NCTE Act came into force on 17.08.1995 and if so,
whether, it acted on its own or with due approval of the NCTE, till those B.Ed. Colleges
obtained approval from the NCTE.
11) List on 25.05.2023.
12) Copy of this order be furnished to Mr. S. C. Keyal, learned Standing Counsel, Assam
University for his necessary use.
13) Registry shall reflect the name of Standing Counsel, Assam University under the
respondents' column in the cause list against this item.
JUDGE
Comparing Assistant
