Point of Law : Post of Principal of Secondary School - Selection Process - Matter back to Additional Secretary for a fresh consideration by taking into account that in Pranita Sarma judgment last date for submission of application had been held and any institute which makes its application prior to said date, B.Ed. degree obtained from such institute would be a valid degree.

JUDGMENT :

Heard Mr. A R Bhuyan, learned counsel for the petitioner. Also heard Mr. R Mazumdar, learned counsel for the respondents no. 1, 2, 3 and 4 being the authorities under the Secondary Education Department, Government of Assam, Mr. N H Barbhuyan, learned counsel for the respondent no. 5 being the authorities under the NCTE as well as Mr. I H Saikia, learned counsel for the respondent no. 6 Md. Muchabbir Ali.

2. Both the petitioner as well as the respondent no. 6 participated in a selection process for a regular appointment to the post of Principal of Baleswar Higher Secondary School in the Cachar district.

3. It is an admitted position that the selection would be governed by the provisions of Assam Secondary Education (Provincialised) Service Rules, 2003 (in short Rules of 2003) and not by the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (in short Rules of 2018) inasmuch as the process for selection was initiated prior to the enactment of the Rules of 2018. The procedure for appointment under the Rules of 2003 is provided under Rule 13 thereof.

4. The procedure to be adopted is that the Member Secretary of the School Selection Committee shall invite applications from the intending eligible candidates through an advertisement and on receipt of the applications, the Schools Selection Committee constituted under Rule 8(4) after scrutinizing the applications would hold an interview and prepare a panel of names of three candidates on the basis of qualities such as leadership skills, administrative ability, integrity and commanding personality. Rule 13(3) provides that the panel of names so prepared by the School Selection Committee shall be forwarded through the concerned Inspector of Schools to the State Selection Board constituted under Rule 16, who shall under Rule 13(5) prepare a select list equal to the number of vacant posts again taking into consideration of the leadership skills, administrative ability, integrity and commanding personality. The select list prepared by the State Selection Board under Rule 13(5) is required to be approved by the Government and the approved list shall remain in force for a period of one year thereafter.

5. In the evaluation of the School Selection Committee, the petitioner Mofur Uddin was placed at serial no. 1 whereas the respondent no. 6 Muchabbir Ali was placed second and the B.Ed. degrees of both the petitioner and the respondent no. 6 were taken into consideration. When the matter was pending before the State Selection Board, the respondent no. 6 Muchabbir Ali submitted a representation raising an allegation that the B.Ed. degree of the writ petitioner Mofur Uddin was obtained from an institute namely Dr. Shashi Bhusan Institute of Education and as the said institution had received its recognition from the NCTE on 30.01.2000, the B.Ed. degree is liable to be not recognized.

6. The State Selection Board by an order dated 10.09.2019 overruled such objection of the respondent no. 6 by arriving at its conclusion that the NCTE had extended the last date of receiving of applications for recognition upto 18.08.1997 and the institute concerned namely Dr. Shashi Bhusan Institute of Education had submitted its application prior to the same date. Accordingly, the conclusion arrived was that the B.Ed. degree of the petitioner was a valid degree under the law. The State Selection Board also recommended the petitioner Mofur Uddin to be the first candidate in order of merit in the select list.

7. As required under Rule 13(5) when the matter went before the Government for its approval, the order dated 29.07.2021 was passed under the signature of Additional Secretary to the Government of Assam in the Secondary Education Department. In the said order of 29.07.2021, the Government arrived at its conclusion that Dr. Shashi Bhusan Institute of Education, which was earlier named as Hailakandi B.Ed. College, which is a private college, did not apply before the NCTE for recognition with