ORDER :

M.R. PATHAK, J.

1. Heard Mr. R. Goswami, learned counsel for the petitioner. Also heard Mr. C Bhattacharjee, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 to 3 and Mr. A Chamuah, learned Standing counsel, UGC for the respondent Nos. 4 and 5.

2. Though, notice on the respondent No. 5 was duly served as per the office note dated 30.08.2016, but till date, the said respondents have not appeared in the matter.

3. Issue involved in this writ petition is with regard to allowing the respondent No. 5 to be the Principal in-charge of Jaleswar Higher Secondary School, Goalpara, a provincialised Higher Secondary School of the State vide order under No. GB-EST/Apptl/FP/19/2014/91 dated 11.02.2016 of the Director of Secondary Education, Assam.

4. It is submitted by the petitioner that since 26.03.1992, he has been serving as an Assistant Teacher in said Jaleswar Higher Secondary School, Goalpara and that he has completed his B.Ed. course from Govt. B.T. College, Goalpara under Gauhati University on 29.11.2001 and also obtained Master degree in the subject of Environmental Science from Vinayaka Missions University, Salem, Tamil Nadu through Distance Education Mode in the year 2012, which is an University under Section 3 of UGC Act, 1956 and approved by the UGC, Distance Education Council, IGNOU, New Delhi.

5. It is also submitted by the petitioner that the Director of Secondary Education, Assam issued a circular for appointment of in-charge Principals of Higher Secondary Schools and in the said circular, the requisite qualification for the post of Principal of provincialized Higher Secondary School was prescribed as M.A./M.Com/M.Sc. with B.T./B.Ed. degree having 15/17 years of experience for Subject Teachers and Graduate Teachers respectively. Therefore, the petitioner, having the requisite qualification and 24 years of experience as an Assistant Teacher, is entitled to be the in-charge Principal and the outgoing Principal of the said Jaleswar Higher Secondary School prepared a seniority list of 22 nos. of teaching staff of the said H.S. School, wherein the name of the petitioner was figured at serial No. 6, whereas that of the respondent No. 5 at seniority position No. 9 and out of those 22 nos. of Teachers of the said school, 4 (four) of them were finally selected and among the 4 (four) selected Teachers, the petitioner was figured in the serial No. 2, whereas the respondent No. 5 was in the serial No. 3 and that the respondent No. 5 is junior to him.

6. The petitioner further contended that as he is a Master degree holder from Vinayaka Missions University, Salem, Tamil Nadu in the year 2012, the DSE, Assam vide its impugned speaking order dated 11.02.2016 illegally rejected his case to be the in-charge Principal of said Jaleswar Higher Secondary School, Goalpara holding that his Master degree is not approved by the UGC without having any authority to offer distance education. It is stated by the petitioner that the said contention of the DSE, Assam is not tenable since said Vinayaka Missions University, Salem, Tamil Nadu is approved by the UGC, Distance Education Council, IGNOU, New Delhi and further, in the website of the UGC, said Vinayak Missions University has been placed at position No. 174 in the list of Distance Education as approved by the UGC.

7. The respondents UGC in its affidavit filed on 24.05.2017 have stated as follows:-

"8. He has acquired his PG degree through distance education mode in the year 2012 from Vinayaka Mission Research Foundation which is a deemed to be University and it is situated in Salem District of Tamil Nadu. The Vinayaka Mission Research Foundation, Salem, Tamil Nadu is a Deemed University. The erstwhile regulator Distance Education Council (DEC) had granted ex-post facto institutional recognition to it for the programmes offered by it through distance mode up to the academic year 2005. Further, DEC gave "institutional recognition" to it for a period of 5 years w.e.f