JUDGMENT :

Heard Ms. A Talukdar, learned counsel for the petitioner, Mr. U Sarma, learned counsel for the respondents in the Secondary Education Department, Government of Assam, Mr. PJ Phukan, learned counsel for the respondent Gauhati University, Mr. I Alam, learned counsel for the respondents in the NCTE and Mr. S Barman, learned counsel for the respondent No. 4 Prasanna Das.

2. An issue for determination has arisen as to who between the writ petitioner Kamdev Sarma and the respondent No. 4 Prasanna Das would be entitled to be the Headmaster of the Borka High School in the Kamrup district. The dispute between the petitioner and the respondent No. 4 was determined by the Director of Secondary Education, Assam by his order dated 20.02.2020, the relevant portion of which is extracted below:-

“It is seen the above statement, Sri Kamdev Sarma is the senior than Prasanna Ch Das

Sri Prasanna Ch Das obtained B.Ed Degree from Govt. Banikanta College of Education in the year 2017 and Sri Kamdev Sarma who obtained B.Ed Degree from Baihata Chariali B.Ed College, Baihata in the year 1996 where there was no NCTE recognition in the name of Baihata Chariali B.Ed College. Baihata Chariali B.Ed College, Baihata Chariali got NCTE recognition on 25.11.1998.

Sri kamdev Sarma originally was working in Guiya M.V School and on 25- 08-1998 he was transferred to Borka Girls M.E School from Guiya MV School and subsequently Borka Girls ME School had been amalgamated on 16-06-2017 with Borka High School.

Decision: In view of the above it is opined that although Sri Kamdev Sarma is senior to the Sri Prasanna Ch Das in terms of receiving Graduate Scale of Pay, but his B.Ed Degree obtained from Baihata Chariali B.Ed College, Baihata Chariali is not acceptable as there was no recognition by NCTE in the name of Baihata Chariali B.Ed College.”

3. A reading of the afore-extracted order of the Director makes it discernible that it was factually determined that the writ petitioner Kamdev Sarma is senior to the respondent No. 4 Prasanna Das, but the B.Ed. degree of the writ petitioner was unacceptable inasmuch as, when the degree was obtained in the year 1996, the Baihata Chariali B.Ed college from where the degree was obtained, did not have the NCTE recognition and it had the NCTE recognition only on 25.11.1998. Although references are made that the writ petitioner Kamdev Sarma was originally working in Guiya MV School and he was transferred to Borka Girls ME School on 25.08.1998 and subsequently Borka Girls ME School was amalgamated with the Borka High School on 16.06.2017, but there is no determination as such that because of such transfer, Kamdev Sarma would not be entitled to be the Headmaster. The aforesaid is only an incidental fact that had been narrated in the order. The reason as to why the claim to be the Headmaster of the writ petitioner Kamdev Sarma was rejected was that the Director of Secondary Education, Assam found his B.Ed. degree to be unacceptable.

4. In the affidavit-in-opposition filed by the Director of Secondary Education, Assam it had been explained as to why the Director deemed it appropriate that the B.Ed. degree of the writ petitioner Kamdev Sarma is unacceptable and the reason stated is that the petitioner procured the B.Ed. degree from Baihata Charali B.Ed. College in the year 1996 when there was no NCTE recognition of the college and further that under Section 14 of the National Council for Teacher Education Act, 1993 (in short, Act of 1993), an application for recognition of the B.Ed. college was required to have been made within a period of six months from the appointed date as stated in the Act of 1993.

5. According to the Director, the appointed date is 01.07.1995 whereas the application by the Baihata Charali B.Ed. College was made on 04.02.1998. The law regarding recognition of a B.Ed. degree obtained through a B.Ed. college was settled by this Court in this judgment dated 25.02.2021 in WP(C)/3289/2020. In paragraph 4 of the judgment d