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 application, ensuring that individuals obtaining degrees during the pendency of the application are not disadvantaged.

This writ appeal is preferred by the appellant being aggrieved with the judgment and order dated 05.12.2023 passed by the learned Single Judge in WP(C) No.3166/2021, whereby the learned Single Judge, while disposing of the writ petition has remanded the matter to the Director of Secondary Education, Assam to examine the claim of the respondent No.7 herein/writ petitioner for his appointment as regular Principal of Kherajkhat Senior Secondary School, Lakhimpur.

2. The learned Single Judge has observed that, while entertaining the claim of the respondent No.7/writ petitioner, due hearing shall also be given to the appellant. It is further observed that the requirement of considering the acceptability of the B.Ed. degree of the respondent No.7/writ petitioner be done by the Director within a period of 2(two) months and whatever decision be taken shall be strictly in terms of all applicable laws including the principle of natural justice in respect of all the parties.

3. The brief facts of the case are that, on 14.12.2018, an advertisement was issued inviting application from the eligible candidates for appointment on the post of Principal of Kherajkhat Senior Secondary School, Lakhimpur. The appellant as well as the respondent No.7/writ petitioner have applied pursuant to the said advertisement. However, vide order dated 07.02.2020, the appellant was appointed as the regular Principal of the said school. The claim of the respondent No.7/writ petitioner for appointment on the post of Principal of the said school was negated on the ground that the B.Ed. degree possessed by him is not a valid degree under the law.

4. Being aggrieved with the same, the respondent No.7/writ petitioner preferred WP(C) No.2057/2020 before this Court challenging the appointment of the appellant as the Principal of the Kherajkhat Senior Secondary School as well as the action of the respondent State of not recognizing his B.Ed. degree as valid degree.

5. The aforesaid writ petition, i.e. WP(C) No.2057/2020 came to be disposed of by the learned Single Judge of this Court vide order dated 03.12.2020, whereby the Regional Director of Eastern Regional Committee of the NCTE was directed to decide the question regarding the validity of the B.Ed. degree of the respondent No.7/writ petitioner within a period of 3(three) months.

6. Upon receiving an application filed by the respondent No.7/writ petitioner, the matter was taken up by the Eastern Regional Committee in its 289th meeting held on 15.02.2021 and the Committee decided to refer the matter to the Secretary to the Department of Education, Government of Assam and to the Registrar of the Dibrugarh University, who is the concerned affiliating body, to take a decision regarding the validity of the B.Ed. degree of the respondent No.7/writ petitioner.

7. The Secondary Education Department, vide order dated 16.03.2021 has opined that the B.Ed. degree possessed by the respondent No.7/writ petitioner is invalid as per the NCTE Act, 1995. However, the Registrar, Dibrugarh University has communicated to the Regional Director, Eastern Regional Committee, NCTE that the B.Ed. degree possessed by the respondent No.7/writ petitioner be treated as valid.

8. Being aggrieved with the opinion dated 16.03.2021 given by the Secondary Education Department, Government of Assam, the respondent No.7/writ petitioner had filed WP(C) No.3166/2021 before the learned Single Judge which came to be disposed of as observed in the earlier part of this order.

9. Assailing the impugned order dated 05.12.2023, Mr. S.K. Das, learned counsel appearing for the appellant has submitted that the respondent No.7/writ petitioner took admission in the B.Ed. course offered by Bihpuria PGT College in August, 1996 in the academic session 1996-97. However, the application filed by Bihpuria PGT College before the NCTE came to be rejected by the NCTE in December, 1996. It is further contended that though the respondent No.7/writ petitioner appeared in the B.Ed. exami