The validity of a B.Ed degree is determined by the institute's compliance with the recognition requirements under the National Council for Teacher Education Act, 1993.

JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. S.K. Goswami, learned counsel for the petitioner. Also heard Mr. I. Alam, learned counsel for the NCTE, Mr. R. Mazumder, learned counsel for the Secondary Education Department.

2. The petitioner was appointed as an Assistant Teacher in Science in the Gitanagar High School, Guwahati in the year 1995 and the school was provincialised in the year 1991. The petitioner passed out her M.A. examination in English in the year 2011 from Gauhati University and also obtained B.Ed degree from the Gauhati University in the year 1996. The petitioner had undertaken her B.Ed course from the institute namely Dakhin Guwahati B.Ed college. The petitioner is aggrieved by a communication dated 27.07.2020 of the Commissioner & Secretary to the Govt. of Assam in the Secondary Education Department addressed to the Director of Secondary Education, Assam by which it was provided that as per the view of the Judicial Department, the B.Ed degree of the petitioner has no validity.

3. The respondents in the Secondary Education Department seek to justify such view taken on the ground that the institute Dakhin Guwahati B.Ed college from which the petitioner had obtained her B.Ed degree did not have a due recognition by the NCTE as they had not made an application for recognition within the specified time period.

4. To assail such view, Mr. S.K. Goswami, learned counsel for the petitioner refers to Section 14(1) of the National Council for Teacher Education Act, 1993 ( in short Act of 1993), wherein, it is provided that every institute offering or intending to offer a course or training in teacher education on or after the appointed date may make a representation for recognition under the Act to the Regional Committee concerned in such form and such manner as may be determined by the regulations. The proviso to Section 14(1) provides that the institute offering a course or training of teacher education immediately before the appointed date shall be entitled to continue with such course or training for a period of six months if it had made an application for recognition within the period of six months. Proviso 14(1) of the Act of 1993 is extracted as under:-

"14. Recognition of institutions offering course of training in teacher education. (1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:

Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee."

5. Mr. S.K. Goswami, learned counsel refers to the definition of appointed date as appearing in Section 2(a) of the Act of 1993 which provides it to be the date of establishment of the National Council for Teacher Education. It is stated that the National Council for Teacher Education was established on 10.07.1995. Accordingly, the period of 6 months provided in the proviso to Section 14(1) would now have to be read that such applications for recognition are to be submitted on or before 10.01.1996.

6. Mr. S.K. Goswami, learned counsel further refers to the communication dated 29.07.1997 of the National Council for Teacher Education, wherein, it has been provided that the respective colleges imparting teacher education may submit their applications for recognition before 18.08.1997. Accordingly, the period of 6 months provided in the proviso to Section 14(1) of the Act of 1993 stood extended up to 18.08.1997.

7. The respondents in the Secondary Education Department in paragraph-8 of their affidavit in opposition had taken a stand that Dakhin Guwahati B.Ed coll