Point of Law : Petitioner is not entitled for an order for directing the respondent authorities to select and appoint the petitioner as the Principal of the said school.

JUDGEMENT :

By virtue of order dated 11.11.2020, passed in W.P.(C) 4603/2020, these two writ petitions have been tagged together. Hence, both the writ petitions have been heard analogously. It is mentioned that the petitioner in W.P.(C) 4603/2020 has been arrayed as respondent no. 6 in W.P.(C) 3214/2019. It may be also be mentioned that for the sake of clarity, in this order, the parties are referred to as per their position in W.P.(C) 3214/2019.

2. Heard Mr. I.H. Saikia, learned counsel for the petitioner in W.P. (C) 3214/2019, Mrs. N. Saikia, learned counsel for the petitioner in W.P.(C) 4603/2020. Also heard Mr. R. Mazumdar, learned standing counsel for the Secondary Education Department and Mr. N.H. Borbhuiya, learned standing counsel for the National Council for Teacher Education. There was no representation from the respondent no. 7 and 8 in W.P.(C) 3214/2019 on call.

Prayers made in W.P.(C) 3214/2019:

3. By filing the said W.P.(C) 3214/2019 under Article 226 of the Constitution of India, the petitioner has prayed for (i) holding the B.Ed. Degrees of the respondent nos. 6, 7 and 8 be declared to be invalid as they do not have the approval/ recognition from the National Council for Teachers Education; (ii) to set aside and quash the selection of the respondent nos. 6, 7 and 8 for the post of Principal of Desha Bhakta Tarun Ram Phukan Higher Secondary School, Cachar, Silchar; (iii) to set aside and quash the appointment of the respondent no. 6 as the Principal of the said school; (iv) to direct the respondent authorities to select and appoint the petitioner as Principal of the said school.

Prayers made in W.P.(C) 4603/2020:

4. In W.P.(C) 4603/2020, filed by the respondent no. 6 in W.P.(C) 3214/2019, prayers have been made to (i) set aside and quash the order dated 19.10.2020 issued by the Director of Secondary Education, Assam; and (ii) to direct the respondent authorities to allow the petitioner to continue as the Principal of the herein before named school.

Facts in brief in W.P.(C) 3214/2019:

5. On 03.05.1994, the petitioner was appointed as subject teacher in Desha Bhakta Tarun Ram Phukan Higher Secondary School. On 16.06.2016, an advertisement was issued for filling up the post of regular Principal of the said school. Amongst others, the petitioner as well as the private respondents had applied for filling up the said post. The School Selection Committee had placed the names of the respondent nos. 6, 7 and 8 at serial no. 1. The petitioner submitted representations before the authorities wherein it was claimed that the B.Ed. degrees of the said respondents were invalid. However, the Director of Secondary Education, Assam by an order dated 13.09.2018, appointed the respondent no. 6 [i.e. petitioner in W.P.(C) 4603/2020] as the Principal of the said school. Hence, the aggrieved petitioner had filed the said writ petition. The B.Ed. degree of respondent nos. 7 and 8 is assailed on the ground that he had acquired the degree from Dr. Sashi Bhusan Institute of Education during 2001-02 prior to obtaining approval from NCTE and that they had obtained their B.Ed. degree while serving as subject teacher in Judhisthir Saha H.S. School, Bihara, Kalain without obtaining prior approval from the schools where they were serving and that as the distance between the two colleges is about 70 kms., it is humanly not possible to serve in school and pursue the course at the same time.

6. This Court by an order dated 28.05.2019, as an interim measure, had directed (i) the Commissioner and Secretary to the Government of Assam, Secondary Education Department, (ii) the Director of Secondary Education, Assam, and (iii) the Inspector of Schools, Cachar not to disburse the relevant scale of pay with grade pay that is payable to a Principal in provincialised secondary school of the State to the respondent no. 6 until further order of the Court.

7. By filing an interlocutory application, which was registered as I.A.(C) 2123/2019, it was projected by the resp