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ACHINTYA MALLA BUJOR BARUA
Kamdev Sarma, S/o Late Basudev Sarma – Appellant
Versus
State Of Assam – Respondent
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:-
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 Colleg
The main legal point established in the judgment is that a B.Ed. degree obtained from an institution, even if unrecognized, would be valid if the course was undertaken in the given year when the reco....
The institution offering the course is entitled to award the degree until the end of the academic session, and the recognition granted by the NCTE would relate back to the date of the institution's a....
Point of Law : the B.Ed degrees obtained by the petitioners are otherwise valid degrees except for the procedural requirement of the Central Government to issue the notification.
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 dat....
Eligibility criteria for promotion must be met, and invalid qualifications disqualify candidates from holding positions, even on an ad hoc basis.
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.
The main legal point established in the judgment is the validity of the petitioner's B.Ed. Degree, the determination of seniority for promotion, and the illegal deprivation of fair consideration for ....
The court ruled that a valid B.Ed. Degree cannot be invalidated due to procedural violations by government employees, reaffirming the authority of educational institutions over degree validity.
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