Back
N. UNNI KRISHNAN NAIR
Krishna Kanta Debnath S/o Hirendra Chandra Debnath – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. B. Purkayastha, learned counsel, as well as Mr. S.K. Das, learned counsel, appearing on behalf of their respective petitioners in these writ petitions. Also heard Mr. N. Das, learned Government Advocate, Assam; Mr. Rajesh Mazumdar, learned standing counsel, Secondary Education Department and Mr. I. Alom, learned standing counsel, National Council for Teacher Education (NCTE), appearing on behalf of their respective respondents in all these writ petitions.
2. In WP (C) 7959/2017, WP (C) 840/2018, WP (C) 5480/2019, WP (C) 5992/2019, and WP (C) 571/2022; a challenge was made with regard to the provisions of Rule 14(1) of the Assam Secondary Education (Provincialized) Service Rules, 2003. While in WP (C) 8682/2019 and WP (C) 4250/2020; the provisions of sub-rules 2(i) and 2(p) of Rule 2 and Rule 13 of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018, is under challenge.
3. At the outset, it is to be noted that the provisions of Assam Secondary Education (Provincialized) Service Rules, 2003, was repealed by the provisions of Rule 35 of the Assam Secondary Educ
The omission of B.Ed. qualification for Vice-Principal recruitment violates NCTE guidelines, necessitating its inclusion as a mandatory requirement.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
The court ruled that differing qualifications for promotion and direct recruitment to the same post violate constitutional provisions and NCTE regulations, affirming B.Ed as essential for lecturer ro....
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.
The judgment emphasized the limited review jurisdiction under Article 226 of the Constitution of India and highlighted that no vested rights could accrue to the petitioners due to an advertisement th....
The qualifications set by the National Council for Teacher Education are mandatory, and states cannot unilaterally relax these requirements without approval.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
