A degree obtained by a government employee without prior permission does not invalidate the degree itself, although it may constitute misconduct.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. Nayanjyoti Khataniar, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1 to 4 and Mr. A.R. Mazumdar, learned counsel, appearing on behalf of respondent No. 5.

2. The challenge in the present proceeding is to an order, dated 20.03.2024, passed by the Director, Secondary Education Department, Assam, rejecting the claim of the petitioner to hold the charge of the post of Principal of Padma Ram Sarmah Higher Secondary School, Jorhat, on the ground that the petitioner, herein, had acquired her MA Degree without obtaining prior permission to pursue the said course from the departmental authorities.

3. The petitioner, herein, was initially appointed as an Assistant Teacher (Science) vide order, dated 27.10.1998, in Padma Ram Sarmah Higher Secondary School, Jorhat. The petitioner while working as such in the said school, had pursued her MA Degree in Assamese in Distance Mode from Dibrugarh University in the year 2019. It is contended by the petitioner that she had, for the said purpose, obtained a “No Objection Certificate (NOC)” from the Office of the Inspector of Schools, Jorhat. The petitioner, had, during the period 2017-2019, also pursued her B.Ed. Degree from the District Institute of Education & Training (DIET), Titabor, Jorhat, on being deputed for pursuing the said course by the departmental authorities. The petitioner, accordingly, acquired her MA Degree as well as her B.Ed. Degree from recognized Institutions.

4. A vacancy arising in the post of Principal of Padma Ram Sarmah Higher Secondary School, Jorhat, on the incumbent, therein, proceeding on retirement, on attaining the age of superannuation, w.e.f. 28.02.2022, and there being a move to allow one of the colleagues of the petitioner, viz. Bornali Saikia Kakoti, to hold the charge of the post of Principal of the said school; the petitioner, herein, submitted a complaint before the departmental authorities, assailing the eligibility of said Bornali Saikia Kakoti on the ground that she while being in service, had pursued her B.Ed. Degree without obtaining prior permission from the departmental authorities. The said complaint of the petitioner led the Director, Secondary Education Department, Assam, in allowing the Inspector of Schools, Jorhat, to be the in-charge Principal of the said school. Being aggrieved, said Bornali Saikia Kakoti had instituted a writ petition being WP (C) 5258/2022 before this Court, inter alia, claiming for her appointment as the in-charge Principal of the said school.

5. The present petitioner had instituted an interlocutory application being IA (C) 3486/2022 in the said matter and she was also heard by this Court. This Court, on consideration of the issues arising before it, had proceeded vide order, dated 16.02.2023, to dispose of the said writ petition i.e. WP (C) 5258/2022 and the connected interlocutory application so filed by the present petitioner; by directing the Director, Secondary Education Department, Assam, to give an opportunity of hearing to said Bornali Saikia Kakoti as well as the present petitioner and other eligible teachers of the school, in question, to hold the charge of the post of Principal of Padma Ram Sarmah Higher Secondary School and pass a reasoned order thereon.

6. In pursuance of the said directions passed by this Court; the Director, Secondary Education Department, Assam, after hearing said Bornali Saikia Kakoti and the present petitioner, herein, proceeded to pass an order, dated 04.10.2023, rejecting the claims so made by both of them, to hold the charge of the post of Principal of the said school on the ground that the petitioner, herein, as well as said Bornali Saikia Kakoti had pursued their respective academic courses without obtaining prior permission from the departmental authorities. Accordingly, the Inspector of Schools, Jorhat, was allowed to continue to