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N. UNNI KRISHNAN NAIR
MITALI SONOWAL W/O DIGANTA MANIKIAL – Appellant
Versus
STATE OF ASSAM – Respondent
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 th
A degree obtained by a government employee without prior permission does not invalidate the degree itself, although it may constitute misconduct.
Degrees from recognized universities cannot be invalidated due to lack of prior permission from authorities; eligibility for principal requires meeting specified educational and service criteria.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.
The denial of a senior teacher’s claim to principalship due to age and educational qualifications is improper when the criteria are not strictly applied, affirming the need for transparent governance....
Misconduct in obtaining an educational degree does not invalidate the degree itself, but ongoing disciplinary proceedings prevent promotion to higher positions.
The court ruled that a valid B.Ed. Degree cannot be invalidated due to procedural violations by government employees, reaffirming the authority of educational institutions over degree validity.
The refusal to consider the B.Ed degree obtained without prior permission was found to be unacceptable in law, and the requirement to verify if the petitioner had obtained any prior permission was em....
The manner of procurement of a degree during employment in contravention to government orders can render the degree ineligible for promotion.
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