Back
2019 Supreme(Gau) 94
IN THE HIGH COURT OF GAUHATI
SANJAY KUMAR MEDHI, J.
PURNENDU SEKHAR DEBNATH - Appellant
Versus
STATE OF ASSAM AND ORS - Respondent
Writ Petition (Civil) No. 2983 of 2017, 2706 of 2017
Decided on : 13-02-2019
Advocate Appeared:
R. Karim, Adv., N. Saikia, Adv., S.K. Das, Adv., A. Deka, Adv., K.N. Choudhury, Adv., A. Chamuah, Adv.
Headnote:
University Grants Commission Act - Sections 22, 4, 25, 26, 5 and 6 - Educational - Subject matter of dispute in these two writ petitions being similar same are heard together and disposed of by this common order - dispute in brief is with regard to post graduate degree obtained by private respondents in both cases from Universities outside State with their Study Centers in North East India - Heard learned counsel for petitioner and learned counsel for petitioner and learned Standing counsel for Secondary Education Department - Learned Standing counsel for UGC and learned counsel for University and learned senior counsel assisted and learned counsel for respondent Nos-4 and 7 respectively in both writ petitions - For a proper adjudication of dispute involved in these writ petitions a narration of facts of cases are given herein - Petitioner is a subject teacher and was also holding post of IC Principal School - Petitioner claims to have possessed all necessary qualifications to be appointed as Principal of a Higher Secondary School and fact that she was already allowed to hold charge of Principal of School fortifies this claim – Held, UGC with approval of Central Government and exercising power has issued a schedule of degrees which may be awarded by Universities - Impugned Act which enables a proposal on paper only to be notified as a University and thereby conferring power upon such University to confer degrees has effect of completely stultifying functioning of University Grants Commission in so far as these Universities are concerned - Such incorporation of a University makes it impossible for UGC to perform its duties and responsibilities of ensuring co-ordination and determination of standards - In absence of any campus and other infrastructural facilities UGC cannot take any measures whatsoever to ensure a proper syllabus level of teaching standard of examination and evaluation of academic achievement of students or even to ensure that students have undergone course of study for prescribed period before degree is awarded to them - Underlying essence and objective of aforesaid judgment is to maintain a certain standard and level of teaching examination and academic achievements of student in absence of which entire scenario in higher field of higher education would be adversely affected – Order Accordingly.
SANJAY KUMAR MEDHI, J.
1. The subject matter of dispute in these two writ petitions being similar, the same are heard together and disposed of by this common order. The dispute in brief is with regard to the post graduate degree obtained by the private respondents in both the cases from Universities outside the State of Assam with their Study Centers in the North East, India.
2. Heard Ms. N. Saikia, learned counsel for the petitioner in WP(C) 2983/2017 and Sri S. K. Das, learned counsel for the petitioner in WP(C) 2706/2017. Shri A. Deka, learned Standing counsel for the Secondary Education Department; Shri A. Chamuah, learned Standing counsel for the UGC and Shri B. Sinha, learned counsel for the Sam Higginbottom University and Sri K. N. Choudhury learned senior counsel assisted by Shri A. B. Dey and Shri B. Purkayastha, learned counsel for the respondent Nos. 4 and 7 respectively in both the writ petitions (beneficiaries).
3. For a proper adjudication of the dispute involved in these writ petitions, a narration of the facts of the cases are given herein below; The petitioner in WP(C) No. 2983/2017 is a subject teacher and was also holding the post of I/C Principal Bhikamchand Balika Bidyaniketan H.S. School. The petitioner claims to have possessed all necessary qualifications to be appointed as Principal of a Higher Secondary School and the fact that she was already allowed to hold the charge of Principal of the School fortifies this claim.
4. An advertisement was issued on 19.06.2016, for filing up the post of Principal of various Higher Secondary Schools including the School in question which was mentioned at serial number 4 of the list of the Schools covered by the said advertisement. There is no dispute to the fact that the selection was to be held in accordance with the order dated 23.03.2016. In the ensuing selection, the respondent No. 4 was selected as the first nominee and vide order dated 02.05.2017, the said respondent No. 4 was appointed as the Principal. It is admitted fact that the said respondent No. 4 had obtained his M.A Degree from the Agartala Centre of the Madurai Kamaraj University. The aforesaid degree obtained by the said respondent No. 4 from an Off Campus Study Centre has been questioned in this proceeding as the same degree has been argued to be an invalid degree.
5. The petitioner in WP(C) No. 2706/2017 has approached this Court with a similar grievance with respect to her School, namely, Swarna Lakshmi Higher Secondary, School, Narshingpur in the district of Cachar. It is the case of the petitioner that she being the senior most teacher in the said School having all the requisite qualification was given the charge of the Principal on the retirement of the earlier incumbent. She also claims that she was inducted as a member of the District Level Committee for recommending names of teachers for Study award. She was also acting as a Member of Regularization and Rational of various teachers were working on the contract basis and is also a national certificate holder. As in the other writ petition, a requirement drive for filing up the post of Principal of regular basis was initiated vide an advertisement dated 21.06.2016, in which the petitioner along with other candidates including the respondent No. 7 had participated. The interview was held on 10.01.2017, and noticing that the M.A. degree of the respondent No. 7 of the year 2013 was from Sam Higginbottom University, Study Centre at Silchar, the petitioner had immediately lodged a complaint on 13.01.2017. However, by ignoring such complains, the said respondent No. 7 was appointed as the Principal of the School in question.
6. Ms. N. Saikia and Shri S. K. Das, learned counsels for the petitioners in the respective case submit that the post graduate degree of the private respondents who have been given appointment to the posts of Principal are invalid degrees and therefore the said respondent were not qualified and eligible even for consideration
