JUDGMENT :

Suman Shyam, J.

Heard Mr. N. Dhar, learned counsel assisted by Mr. T. U. Laskar, learned counsel appearing for the appellant. Also heard Mr. N. J. Khataniar, learned Standing Counsel, Secondary Education Department, Assam appearing for the respondent Nos.1, 2 and 3, Mr. I. Alam, learned Standing Counsel, NCTE appearing for the respondent No.4, Mr. S. C. Keyal, learned Standing Counsel, Assam University, Silchar appearing for the respondent No.5 and Mr. B. Purkayastha, learned counsel representing the respondent No.7/writ petitioner.

2. In this intra-court appeal, the judgment and order dated 27.02.2020 passed by the learned Single Judge in WP(C) No.4443/2017 has been put to challenge. By filing WP(C) No.4443/2017 the respondent No.7, as writ petitioner, had called into question the validity of the B.Ed. degree obtained by the writ appellant on the ground that due to want of recognition of the concerned Institute by the National Council for Teachers Education (NCTE) at the relevant point of time, the B. Ed. degree was invalid in the eyes of law and hence, the writ appellant cannot be granted any service benefit on the basis of such invalid B. Ed. Degree. By the impugned judgment and order dated 27.02.2020 the learned Single Judge has accepted the plea of the respondent No.7/writ petitioner and declared that the B. Ed. degree obtained by the writ appellant was invalid. Hence, this appeal.

3. The facts and circumstances of the case, briefly stated, are these. The writ appellant herein had got admission in B.Ed course for the session 1995-96 under the Vivekananda College of Education (VCE), Karimganj on 22.06.1995. At that point of time, the VCE did not have recognition of NCTE. As a matter of fact, the NCTE was not in existence on that date. However, the National Council for Teachers Education Act, 1993 (herein after referred to as the “Act of 1993”) enacted by the Parliament came into force with effect from 01.07.1995 which is the appointed date. As per the provision of the Act of 1993, it was mandatory for all institutions offering B. Ed. degree, to obtain recognition/permission from the NCTE.

4. While the appellant was pursuing his B.Ed. course, the Assam University, Silchar, by the communication dated 25.07.1995 had granted permission to VCE for establishment of a new B. Ed. College. Thereafter, by the communication dated 31.05.1997, the Assam University had also communicated the decision of the Affiliation Committee of the University to accord ex-post facto renewal of permission to VCE for 1996-97 session. On 02.09.1996, the VCE had applied before the Regional Committee, ERC, NCTE seeking recognition of the Institute. While the application made by the VCE seeking recognition was pending consideration, the appellant had completed his B.Ed. degree course on 08.03.1997.

5. It is not in dispute that on the date of completion of B.Ed. degree course by the appellant, the VCE did not have the recognition of the NCTE. However, what would be significant to note herein that VCE had admittedly submitted its application seeking recognition within the prescribed period of time. On 23.06.1998 the ERC of NCTE, on consideration of the application made by VCE seeking recognition, had granted permission to continue with its B. Ed. degree course for the session 1998-1999.

Thereafter, on 24.11.1998, provisional recognition for one more year i.e. 1999-2000 was granted to VCE by the NCTE. Finally, on 13.03.2001, the NCTE had granted recognition to VCE for conducting B. Ed. degree course.

6. The NCTE, which was impleaded as respondent No.4, had filed affidavit in the writ petition inter-alia stating that the B. Ed. degrees obtained from VCE, Karimganj prior to 13.03.2001 would not be valid as the Eastern Regional Committee (ERC) of the NCTE had granted its recognition to VCE only on 13.03.2001. The stand of the VCE before the learned Single Judge, on the other hand, was that since the writ appellant had taken admission in the B.Ed. course on 22