Gauhati High Court
Page No.# 1/14 vs The State Of Assam And 3 Ors on 12 June, 2025
Page No.# 1/14
GAHC010054552024
2025:GAU-AS:7715
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1514/2024
ISMOT ARA BEGUM
W/O- BULBUL CHOUDHURY, R/O- VILLAGE- PACHIM SINGIMARI
(BALIKA) P.O. SINGIMARI, DISTRICT- NAGAON, ASSAM, PIN- 782125
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR,
GUWAHATI- 781006
2:THE DIRECTOR
SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019
3:THE INSPECTOR OF SCHOOLS
NAGAON DISTRICT CIRCLE (NDC)
NAGAON
DISTRICT- NAGAON
ASSAM
PIN- 782001
4:SRI DIGANTA BORAH
S/O- LATE KAMAL CHANDRA BORAH
R/O- RATNAPURPOY ROAD
P.O. ITACHALI
DISTRICT- NAGAON
ASSAM
PIN- 78200
Page No.# 2/14
Advocate for the Petitioner : MR. M KHATANIAR, MS. S D SAIKIA
Advocate for the Respondent : SC, SEC. EDU., MR J P KACHARI (R-4)
Linked Case : WP(C)/1084/2024
DILIP KUMAR SHARMA
M.A.
B.ED
AGED ABOUT 52 YEARS
S/O LATE NAGENDRA NATH SHARMA
PRESENTLY WORKING AS ASSISTANT TEACHER OF SINGIMARI MD ALI HS
SCHOOL
NAGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE INSPECTOR OF SCHOOL
NAGAON DISTRICT CIRCLE
NAGAON
ASSAM
4:DIGANTA BORA
MA
POST GRADUATE TEACHER OF SINGIMARI MD ALI HS SCHOOL
NAGAON
ASSAM
PIN-782125
------------
Advocate for : MR. S K DAS
Advocate for : SC
Page No.# 3/14
SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
JUDGMENT & ORDER (Oral)
Date : 12.06.2025
Heard Mr. M. Khataniar, learned counsel appearing on behalf of the petitioner
in WP(C) No. 1514/2024 and Mr. S. K. Das, learned counsel appearing on behalf of
the petitioner in WP(C) No. 1084/2024. Also heard Mr. B. Kaushik, learned
Standing Counsel, Elementary Education Department representing the State
respondents in the above noted two writ petitions and Mr. J. P. Kachari, learned
counsel representing the respondent no. 4 in the above noted writ petitions.
2. As consented to by the learned counsel appearing for the parties, the above
noted two writ petitions are taken up for final consideration and disposal.
3. The issue involved in the above noted two writ petitions being the holding of
the charge of the post of Principal in Singimari Md. Ali Higher Secondary School,
the above noted writ petitions are being considered analogously and disposed vide
the present order.
4. The petitioner herein was appointed as a Graduate Teacher in Singimari Md.
Ali Higher Secondary School vide an order dated 22.11.1993. Such service of the
petitioner was regularized vide an order dated 14.11.2000. The petitioner contends
that while being in service, she had pursued a Master's Degree in Assamese
through Distance & Online Learning Mode under Guahati University in the year
2018. It is to be noted that the petitioner had acquired her B.Ed. degree in the
year 1994 from Gauhati University. It is projected in the writ petition that the
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petitioner has pursued her M.A. degree course after obtaining permission from the
jurisdictional Inspector of Schools on the body of the application submitted by her.
Further, it is projected that the petitioner having undergone such course through
the Distance & Online Mode, no permission was called for to be so taken. It is
projected that on superannuation of the incumbent in the post of Principal of the
school, w.e.f., 31.12.2023, she being the senior most and qualified teacher in the
school, she was handed over the charge of the post of Principal. Further, it is
projected that the School Development and Managing Committee, in its meeting
held on 23.12.2023 had passed a resolution requiring the petitioner, being the
senior most teacher, to be permitted to hold the charge of the post of Principal of
the school.
5. Thereafter, The Director, Secondary Education, Assam, for the purpose of
allowing one of the teachers in the school to function as the Principal of the school
on In-charge basis, had proceeded to examine the service particular of the
teachers of the school including the petitioner herein. On such examination of the
service particulars, the Director of Secondary Education, Assam vide the order
dated 20.02.2024; proceeded to hold that the petitioner was not eligible to hold
the charge of the post of Principal, inasmuch as, she had pursued her M.A. degree
from Guahati University without obtaining formal permission from the
departmental authorities and accordingly, the M.A. degree obtained by her was
held to be invalid. After considering the case of the other teachers in the school,
the respondent no. 4 was found to be eligible to hold the charge of the post of
Principal of the school, considering his seniority although, he did not have the
mandatory qualification of B. Ed. Degree.
Being aggrieved, the petitioner has instituted the present proceeding.
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6. The petitioner in the present proceeding Dilip Kumar Sarma had joined as an
Assistant Teacher at Singimari Md. Ali Higher Secondary School, on 17.11.1999.
The petitioner, after joining his service had also completed his B.Ed. degree course
on being deputed for the same by the respondent authorities. The petitioner is a
Graduate Teacher. The petitioner herein, was earlier selected for appointment
against the post of Principal of the said school vide an order dated 22.06.2017.
Such appointment of the petitioner was challenged, by one Ibrahim Ali, by
instituting a writ petition being WP(C) No. 5717/2017 on the ground that the
petitioner herein did not have the qualifying service of 17 years as a Graduate
Teacher for being eligible for consideration against the post of Principal. A Co-
ordinate Bench of this Court, vide Judgment & Order dated 23.03.2023 was
pleased to disposed of the said writ petition by interfering with the appointment of
the petitioner herein.
7. It is contended by the petitioner that amongst the teachers in the
Graduate/Post-Graduate cadre in the school, he is the most eligible person to hold
the charge of the post of Principal of the school on a vacancy arising therein, upon
superannuation of the incumbent in the post w.e.f., 31.03.2023. It is projected in
the writ petition that the petitioner in WP(C) No. 1514/2024, although senior to
the present petitioner, she is not eligible to hold the charge of the Principal,
inasmuch as, her M.A. degree was so obtained while being in service without
formal permission from the departmental authorities.
8. The petitioner has further projected that the Director, Secondary Education,
Assam vide an order dated 20.02.2024, proceeded to consider selection of an
incumbent for holding the charge of the post of Principal in the school and
accordingly, the case of the senior teachers in the school were so considered. The
case of the petitioner was also considered, however, his case was rejected holding
that his earlier appointment as Principal of regular basis was interfered by this
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Court on the ground that he had not fulfilled the basic criteria. After considering
the cases of the senior teachers, the Director, Secondary Education, Assam,
proceeded to allow the respondent no. 4 herein to hold the charge of the post of
Principal of the said school, although, he did not possessed the mandatory B.Ed.
degree qualification.
Being aggrieved, the petitioner has instituted the present proceeding.
9. At the outset, it is to be noted that this Court while issuing notice in WP(C)
No. 1084/2024, was pleased vide order dated 28.02.2022 in the interim, to direct
that the Inspector of Schools, Assam be allowed to hold the charge of Principal of
Singimari Md. Ali Higher Secondary School. Similar directions were also passed in
WP(C) No. 1514/2024 vide order dated 18.03.2024. The said interim orders are in
operation as on date.
10. The issue arising in the present proceeding is the validity of the order dated
20.02.2024, passed by the Director of Secondary Education, Assam, whereby the
respondent no. 4 was allowed to hold the charge of the post of Principal of the
school in question.
11. In WP(C) No. 1514/2024, a further issue would arise as to whether the M.A.
degree acquired by the petitioner in the Distance & Online Learning Mode from
Gauhati University would be valid, inasmuch as, the same was so acquired by her
without obtaining formal permission from the departmental authorities.
12. I have heard the learned counsels appearing for the parties and also perused
the materials available on record.
13. The facts as noticed herein above are not in dispute. The learned counsels
for the respondents have reiterated the said facts and accordingly, the submissions
made are not reproduced herein.
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14. The issue being the holding of charge of post of Principal of a provincialized
Higher Secondary School, the provisions governing such recruitment as available in
the Assam Secondary Education (Provincialized schools) Service Rules, 2018
(herein after referred to as Rules of 2018), would be required to be noticed.
14. Rule 12 of the said Rules of 2018 mandates the eligibility criterias and the
procedure for recruitment to the post of Principal. Sub-Rule (1) of Rule 12 of the
Rules of 2018 mandates that the post of Principal shall be filled up by Direct
Recruitment from candidates, in the cadre of Post-Graduate Teacher of Senior
Secondary and Higher Secondary School and Graduate Teacher of provincialized
Higher Secondary School. Sub-Rule (3) of Rule 12 of the Rules of 2018 lays down
the minimum qualification required to be so possessed by a candidate for
recruitment to the post of Principal. The same being relevant is extracted herein
below: -
"(3) The minimum qualifications for appointment to the post of Prinicpal in
Higher Secondary School and Senior Secondary School shall be as follows: -
(i) The candidate must be M.A./M.Sc./M.Com with B.T/B.Ed degree from any
recognized University having uniform good academic career. In respect of Hindi
Teacher having degree qualification, the Hindi 'Parangat' and 'Nishanat shall be
considered instead of B.T/B.Ed;
(ii) The candidate must have rendered at least 15 years of service as Post Graduate
Teachers in any of the provincia-lised Higher Secondary/Senior Secondary School;
or
(iii) The candidate must have rendered at least 5 years of service as Vice-Principal in
any of the provincialised Higher Secondary School; or
(iv) The candidate must have 17 years of teaching experience as Graduate Teacher in
any Higher Secondary School;
Page No.# 8/14
(v) The age of the candidates must not be more than 57 years as on the first January
of the year of recruitment:
Provided that the service and teaching experience acquired in a School
during provincialised period shall be counted. The period rendered prior to
provncialisation of the School shall not be counted;
(vi) The candidate must possess commanding personality, administrative ability,
leadership skills and integrity."
15. A perusal of the provisions of the sub-rule (3) of Rule 12 of the said Rules of
2018 would go to reveal that for recruitment to the post of Principal, a candidate
must have a Master's Degree along with a B.Ed. degree from any recognized
university and should have a uniform good academic career. Further, a candidate
for being eligible to be considered for appointment as Principal, must have
rendered 15 years of service as a Post-Graduate Teacher and/or 17 years of
service as a Graduate Teacher in any Higher Secondary School. Further, a
candidate must not be more than 57 years of age as on the 1 st of January of the
year of recruitment. Having noticed the eligibility criterias set out in the Rules of
2018 for recruitment to the post of Principal of a Higher Secondary School, the
eligibility of the petitioners in the above noted writ petitions and the respondent
no. 4 therein, is now being examined.
16. The petitioner in WP(C) No. 1084/2024, admittedly, possesses a M.A. degree
and also has a B.Ed. degree. The petitioner having been recruited in the year 1999
as a Graduate Teacher, he has completed more than 17 years of service in such
capacity as on date. Accordingly, the petitioner in WP(C) No. 1084/2024 satisfies
the eligibility criterias as laid down under sub-rule (3) of Rule 12 of the Rules of
2018 and as such, he is eligible for having his case considered for recruitment
against the post of Principal in a provincialized Higher Secondary School.
Page No.# 9/14
17. The petitioner in WP(C) No. 1514/2024 also possesses a M.A. degree along
with a B.Ed. qualification. Further, she having rendered her services w.e.f.,
12.11.1998 as a Graduate Teacher, she has completed more than 17 years of
service. Accordingly, she also satisfies the eligibility criterias as set out in sub-sule
(3) of Rule 12 of the Rules of 2018 and she is also eligible for being considered for
recruitment against the post of Principal in a provincialized Higher Secondary
School.
18. The respondent no. 4 in the above noted two writ petitions, although
satisfies the prescription with regard to having rendered 15 years of service as a
Post Graduate Teacher and also possesses the M.A. degree, it is seen that the said
respondent no. 4 does not possess a B.Ed. degree. Accordingly, the respondent no.
4 cannot be held to be satisfied the eligibility criterias as set out in sub-sule (3) of
Rule 12 of the Rules of 2018.
19. Having examined the eligibility criterias of the petitioners and the respondent
no. 4 in the above noted two writ petitions, for being considered for the post of
Principal in the school in question, this Court would now examine the impugned
order dated 20.02.2024, passed by the Director, Secondary Education, Assam.
20. The said order was so issued towards appointing an eligible teacher in the
school to hold the charge of the post of Principal on the post becoming vacant
upon superannuation of the incumbent therein, w.e.f. 31.12.2023. The Director of
Secondary Education, Assam, in the said order dated 20.02.2024, insofar as, it
concerns the case of the petitioner in WP(C) No. 1514/2024, had proceeded to
hold that given the date of receipt of graduate scale of pay by her, she is the
senior most teacher in the school and she had also obtained the B.Ed. degree
before joining her service. However, the Director of Secondary Education, Assam,
proceeded to hold that the petitioner having acquired her M.A. degree from IDOL,
Guahati University, without obtaining formal prior permission from the
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departmental authorities, the M.A. degree acquired by the said petitioner cannot
be considered to be valid. Accordingly, her claim for holding the charge of the post
of Principal of the school came to be rejected.
21. Similarly, in the case of the petitioner in WP(C) No. 1084/2024, it was held
that his earlier appointment as a regular Principal of the school being interfered by
this Court, in the proceedings of WP(C) No. 5717/2017, he also would not be
eligible to be so considered.
22. Having rejected the claim of the petitioners in the above noted two writ
petitions and one another teacher of the school, the Director of Secondary
Education, Assam, vide the said order dated 20.02.2024, proceeded to permit the
respondent no. 4 herein, to hold the charge of Principal of the school although, he
did not possessed the mandatory B.Ed. degree.
23. The conclusions drawn towards rejecting the claim of the petitioner in WP(C)
No. 1514/2024 vide the order dated 20.02.2024 is being considered at the outset.
24. The Director of Secondary Education, Assam had rejected the claim of the
petitioner herein, for holding the post of Principal of the school by citing that the
M.A. degree acquired by her having not so acquired after obtained required formal
prior permission from the departmental authorities and accordingly, the said
degree was held to be invalid. The said conclusion drawn by the Director of
Secondary Education, Assam in the said order dated 20.02.2024 is clearly
perverse, inasmuch as, this Court in the case of Tankeswar Nath Vs State of
Assam & Ors., (Order dated 18.12.2023 in WP(C) No. 5419/2023) had examined
the said issue and had already concluded that a M.A. degree acquired by an
employee from a recognized university is otherwise valid and acceptable in law and
such employee has a legal right to hold the charge of the post of Principal of a
provincialized Higher Secondary School. The relevant conclusions drawn by this
Court in the matter, is extracted herein below: -
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"6. The said issue is no longer res-integra and this Court, vide order, dated
28.09.2023, passed in IA(c) 2615/2023 [Smt. Mouchumi Saharia v. Smriti Rekha
Kalita & 3 ors.] had held that if a Degree had been obtained without prior
permission of the appointing authority, the same would be a misconduct under
Rule 13 of the Rules of 1965 and it being a misconduct, the relevant proceedings
of law applicable against the candidate, would be a proceeding against such
candidate under the Assam Services(Discipline and Appeal) Rules, 1964, but the
same by itself cannot invalidate the otherwise valid degree obtained from the
respective Universities and further, that the Degree obtained from a University is
governed by Section 22 of the University Grants Commission Act, 1956.
7. On application of the decision of this Court in the case of Mouchumi
Saharia(supra); to the issues arising in the present case, it is clear that the
petitioner having been validly granted a Masters Degree in Assamese and the
said Degree having been obtained from an institution recognized by the
University Grants Commission, the respondent authorities do not have the
jurisdiction and authority to invalidate the said Degree obtained by the
petitioner and such invalidation cannot be done even impliedly. The effect of the
denial of the benefits of holding the charge of in-charge Principal of the said
school to the petitioner inspite of being the senior-most Teacher of the school
amounts to an invalidation of the Degree obtained by the petitioner in Krishna
Kanta Handique State Open University, which is impermissible.
8. Accordingly, the order, dated 30.03.2023, having been issued only on the
ground that the petitioner was not eligible to hold the charge of the post of
Principal, Sarthebari Higher Secondary School, Sarthebari, on account of he
having obtained his M.A. Degree without prior permission from the competent
authorities for undergoing such a course; stands interfered with.
9. The M.A. Degree acquired by the petitioner having been so acquired from a
recognized University; the said Degree is otherwise valid and acceptable in law
and accordingly, the petitioner having fulfilled the eligibility criteria as
mandated for recruitment to the post of principal of the school in question,
under the provisions of Rule 12(3) of the said Rules of 2018; a legal right has
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accrued to the petitioner to hold the charge of the post of Principal, Sarthebari
Higher Secondary School, Sarthebari."
25. Accordingly, applying the decision of this Court in the case of Tankeswar
Nath (supra) to the facts of the present matter, it is seen that the conclusions
drawn by the Director, Secondary Education, Assam in respect of the petitioner in
WP(C) 1514/2024 is clearly perverse and the same would mandate an
interference.
26. The Director, Secondary Education, Assam in the order dated 20.02.2024
with regard to the claim of the petitioner in WP(C) No. 1084/2024, had proceeded
to reject the same only on the ground that his appointment on regular basis as the
Principal of the school was interfered with by this Court in the proceedings of
WP(C) 5717/2017.
27. The interference with the appointment of the said petitioner against the post
of Principal was so made by this Court in the proceedings of WP(C) No. 5717/2017
only on the ground that at the relevant point of when his selection was made, he
being a Graduate Teacher had not completed 17 years of service in such capacity.
However, on the date of passing of the impugned order dated 20.02.2024 by the
Director, Secondary Education, Assam, the petitioner had completed more than 17
years of service. Accordingly, the conclusion drawn by the Director, Secondary
Education, Assam in the order dated 20.02.2024 in relation to the claim of the
petitioner in WP(C) No. 5717/2017 being perverse would also mandate an
interference.
28. Having noticed the above position, the conclusions drawn by the Director,
Secondary Education, Assam, in the order dated 20.02.2024 with regard to the
eligibility of the respondent no. 4 to hold the charge of the post of Principal is
being examined.
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29. The Director, Secondary Education, Assam, in the said order had noticed that
the respondent no. 4 was the second senior most teacher of the said school and
had received graduate scale of pay w.e.f., 09.11.1995. It was further noticed that
although, he had M.A. degree, but, he did not possess a B.Ed. degree. In spite of
the said factors noticed, in respect of the respondent no. 4, which disentitles him
for recruitment to the post of Principal of the school, the Director, Secondary
Education, Assam proceeded to allow the respondent no. 4 to act as the Principal
In-charge of the school in question.
30. It is a settled position of law that even for allowing an employee to hold the
charge of a higher post in the service, the employee concerned must satisfy the
requisite eligibility criterias for appointment/promotion to the said post. In other
words, when an employee concerned does not satisfy the eligibility criterias for
regular appointment/promotion, he/she cannot be held to be eligible to hold the
same post on In-charge basis {refer Jagannath Pegu Vs State of Assam & Ors.,
reported in (2007) 3 GLT 389}. Accordingly, the respondent no. 4 has to be held
to be ineligible even for holding the post of Principal of the school on In-charge
basis, inasmuch as, he does not fulfill the requisite eligibility criterias mandated
under the provisions of Sub-Rule (3) of Rule 12 of the Rules of 2018.
31. Having drawn the above conclusions with regard to the contentions made in
the order dated 20.02.2024, this Court is of the considered view that the same is
not legally tenable and accordingly, the same stands set aside.
32. Having interfered with the order dated 20.02.2024; the matter is remanded
back to the Director, Secondary Education, Assam, to pass a fresh order allowing
the eligible teacher in the Graduate Teacher/Post Graduate Teacher of the said
school to hold the charge of the post of Principal, till the post is filled up on regular
basis.
33. While proceeding to issue the fresh order, the Director, Secondary Education,
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Assam, shall construe the M.A. degree obtained by the petitioner in WP(C) No.
1514/2024 to be a valid degree and also construe the petitioner in WP(C) No.
1084/2024 to have completed the minimum required length of 17 years of service
as a Graduate Teacher in a Higher Secondary School of the State and thereafter,
pass appropriate order(s) in the matter. Such order be passed within a period of
one month from the date of receipt of a certified copy of this order.
34. The petitioners in WP(C) No. 1514/2024 and WP(C) No. 1084/2014 shall
submit a certified copy of this order before the Director, Secondary Education,
Assam, along with a representation staking their individual claim for being allowed
to act as the Principal In-charge of the school in question, till the post is filled up
on regular basis.
35. With the above observations and directions, the above writ petitions being
WP(C) No. 1514/2024 and WP(C) No. 1084/2014 stands disposed of.
JUDGE
Comparing Assistant
