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2023 Supreme(Gau) 315

SANDEEP MEHTA, SUMAN SHYAM
Swapan Kumar Singha, S/o Late Jagat Mohan Singha – Appellant
Versus
State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Education (Secondary) Department, Dispur, Guwahati – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. I. H. Saikia, Mr. K. Kalita, Advocate
For the Respondents: Ms. K. Devi, Mr. S. K. Goswami, Ms. N. Saikia, Mr. N.H. Barbhuiya, SC, NCTE, Mr. R. Mazumdar, SC, Education

JUDGMENT & ORDER :

Sandeep Mehta, J.

Through this intra-court writ appeal, the appellant/writ petitioner seeks to assail the order dated 05.04.2022, passed by the learned Single Judge dismissing Writ Petition (C) No. 3214/2019 filed by him seeking declaration to the effect (i) that the B.Ed. degrees of the respondent nos. 6, 7 and 8 be held to be invalid as they did not procure such B.Ed. degrees from an institution having approval/recognition from the National Council for Teacher’s Education (hereinafter referred to as “NCTE”), (ii) to set aside and quash the selection of the respondent no. 6 on the post of Principal of the Desha Bhakta Tarun Ram Phukan Higher Secondary School, Silchar and (iii) to direct the respondent authorities to select and appoint the petitioner as Principal of the said school.

2. Learned counsel Mr. I.H. Saikia, representing the appellant vehemently and fervently contended that the admitted position, as portrayed from the record, is that the institution named Silchar College of Education, from which the respondent no. 6 obtained B.Ed. degree was not having requisite NCTE recognition/approval for the academic session 1997-1998. However, provisional recognition

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