Hrishikesh Roy, J.

1. Heard Mr. S. Choudhury, Ms. D. Borgohain, Mr. A.M. Buzarbaruah, Ms. H. Das, Mr. J. Payeng, Dr. B. Ahmed and Mr. N. Baruah, who are representing the petitioners in these cases. The authorities of the Education Department are represented by Mr. A. Deka, Standing Counsel. The UGC is represented by Mr. A. Chamuah, Standing Counsel. Mr. A.R. Bhuiyan appears for the C.M.J. University, Meghalaya. Some of the private respondents whose entitlement to function as Headmaster/Assistant Head-master on the basis of B.Ed. Degrees obtained by them from non-recognized universities/institutions, are being represented by advocates Mr. A.R. Tahbildar, Mr. M. Das and Mr. J. Saikia. The issue that is required to be answered is whether B.Ed. Degree obtained from universities/institutions like Bharatiya Siksha Parishad, U.P., C.M.J. University, Meghalaya, Naba Bharat Shiksha Parishad, Orissa etc. have any legal validity for considering promotion to the post of Headmaster/Assistant Headmaster. The concerned universities/institutions which awarded the B.Ed. Degree through Distance Mode were not accorded any approval by the National Council for Teachers Education (NOTE) and accordingly it is argued that the B.Ed. Degrees obtained from such Institutions/Universities cant have any legal validity.

2. In the counter affidavit filed by the Director of Secondary Education, Assam, it is averred that the Bharatiya Siksha Parishad, U.P. is an unauthorized institute which is neither recognized by the UGC or by the NCTE and therefore the B.Ed. Degree awarded by the said Institute is not valid for any purpose. The State Counsel argues that in order to confer a valid B.Ed. Degree, the universities/institutions must be recognized and prior approval from the UGC, NCTE etc. is necessary and since the Institutes which awarded the B.Ed. Degrees are not recognized, the State should be permitted to take appropriate action against those who are claiming higher position, on the basis of un-recognized B.Ed. Degree.

3. The Standing Counsel for the UGC, Mr. A. Chamuah, submits that none of the universities/institutions from where the B.Ed. Degree have been secured were recognized by the UGC. Moreover, the NCTE had not accorded any approval to these universities/institutions which awarded the B.Ed. Degree in these cases.

4. Some of the Headmaster/Assistant Headmaster have argued that since this Court in a recent judgment in the WP (C) 1526/2012 (Mahendra Nath Mudoi Vs. The State of Assam) has declared the Assam Secondary Education (Provincialized) Service Rules, 2003 to be ultra vires and unconstitutional, their continuance in the higher post on the basis of B.Ed. Degree secured by them from unrecognized institutions, should not be disturbed as B.Ed. Degree is not a pre-requisite now for the post of Headmaster. However the Assam Secondary Education (Provincialized) Service Rules, 1982 envisages preference for B.Ed. Degree holders for appointment to the post of Headmaster. Mr. A. Deka, Standing Counsel, Education in response submits that the State has filed Review Petition 21/2013 to challenge the decision in Mahendra Nath Mudoi (supra) and that the Review Court after hearing the Review Petition has passed status quo order on 5.3.2013. Accordingly the departmental lawyer submits that the requirement of the B.Ed. Degree for the purpose of being posted as Headmaster/Assistant Headmaster will abide by the Court's decision in the Review petition No. 21/2013.

5. The Supreme Court in Maa Vaishno Devi Mahila Mahavidyalaya Vs. State of U.P. reported in (2013) 2 SCC 617 has recognized the primacy of the NCTE in maintenance of Standard of education of teachers, ahead of the States and Universities. Furthermore since NCTE was formed under the NCTE Act, 1993, a special law made by the parliament, the Court declared that NCTE's authority will prevail in professional education of teachers including teachers training programme.

6. In an earlier decision in Prof. Yashpal