IMPORTANT POINT
Degrees obtained from universities that operate beyond their territorial jurisdiction are invalid for employment in the Secondary Education Department as per the Assam Secondary Education (Provincialized Schools) Service Rules, 2018.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. S. Hazarika, learned counsel appearing on behalf of the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 2 & 3; Mr. A. Chamuah, learned standing counsel, University Grants Commission(UGC) and Ms. K. Borpujari, learned counsel, appearing on behalf of respondent No. 4; and Mr. K. Kalita, learned counsel, appearing on behalf of respondent No. 6. However, none had appeared on behalf of respondent No. 5.

2. The petitioner by way of instituting the present proceeding, has presented a challenge to an order, dated 02.09.2021, wherein, the Director, Secondary Education Department, Assam, had held the petitioner ineligible for consideration of appointment as in-charge Principal of Bezera Higher Secondary School on the ground that the MA Degree as obtained by him from Global Open University, Nagaland, through Open Distance Learning mode; was not valid.

3. As projected in the writ petition, the petitioner, herein, was appointed as an Assistant Teacher at Bezera Higher Secondary School on 23.04.1988 and he was authorized the graduate scale of pay w.e.f. 22.11.1993. It is contended that the petitioner in pursuance of the permission received in this connection from the Principal of the said school, had got himself admitted to pursue his MA Degree from the Global Open University, Nagaland. The petitioner enrolled himself in the said University in the year 2013 under the Open Distance Learning mode and had acquired the MA Degree in English in the year 2015.

It is the contention of the petitioner, herein, that although initially such Degrees were being recognized by the departmental authorities for the purpose of recruitment to the post of Headmaster/Principal; however, in terms of the stipulation as contained in an Office Memorandum, dated 08.01.2020, issued by the Commissioner & Secondary to the Government of Assam, Secondary Education Department, the authorities of the Secondary Education Department were not recognizing the Degrees obtained through distance education mode/off-campus mode, from Universities offering such courses beyond their territorial jurisdiction, as valid Degrees. Accordingly, it was contended that the case of the petitioner, herein, was not being so considered for appointment as in-charge Principal of Bezera Higher Secondary School, on the ground of, he, having obtained his MA Degree from Global Open University, Nagaland; the same would not be a valid Degree.

The petitioner, herein, being aggrieved by the deprivation meted out to him and also the consideration sought to be extend to the respondent No. 6, herein, for appointment as the in-charge Principal of the said school; had approached this Court by way of instituting a writ petition being WP(c)1613/2021. This Court, vide order, dated 02.08.2021, on noticing the issues so arising in the matter, was pleased to dispose of the said writ petition by directing the Director, Secondary Education Department, Assam, to grant a fresh consideration of the issues, raised in the matter, and after affording an opportunity of hearing to the petitioner, herein, as well as the private respondent No. 6, herein; to pass a reasoned order in the matter.

It is seen that after the said directions were passed by this Court vide the order, dated 02.08.2021, in the above-noted writ petition; the matter was duly considered by the Director, Secondary Education Department, Assam, and after hearing the petitioner and the respondent No. 6, herein; proceeded to issue the speaking order, dated 02.09.2021, and therein, held the Master Degree obtained by the petitioner from the Global Open University, Nagaland, to be invalid and accordingly, his claim for being appointed as the in-charge Principal of the said school, was so rejected.

4. Being aggrieved; the petitioner, herein, has instituted the present proceeding.

5. Mr. Hazarika, learned counsel for the petitioner, by reiterat