IMPORTANT POINT
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.

JUDGMENT :

Heard Mr. B. Purkayastha, learned counsel for the petitioner; Ms. P. Das, learned standing counsel for the Secondary Education Department, appearing for the respondent Nos. 1, 2 & 3; and Mr. M. Sarma, learned counsel for therespondent No. 4.

2. In this petition, under Article 226 of the Constitution of India , the petitioner, namely, Sri Madhab Chandra Kalitahasprayed for setting aside the order, dated 16.07.2024, (Annexure - 5), issued by the Director of Secondary Education Department, by which he was debarred from holding the charge of Headmaster (In-Charge) of GotanagarNambari High School, Kamrup (M) at Guwahati and also prayed for issuing direction to the respondent authorities to allow him to hold the charge of Headmaster (In-Charge) of the said school.

Background fact:-

3. The background fact leading to filing of this present petition is briefly stated as under:-

“The petitioner has been serving as Graduate Assistant Teacher in Gotanagar Nambari High School, Kamrup (M) at Guwahati, since 1990 and he was granted the graduate scale of pay w.e.f. 19.11.1991. He possessed the requisite qualifications/experiences for being appointed as regular/in-charge Headmaster of the saidschool as per the provision of the Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules , 2018.

As per the Rule 14 of the said Rules, for recruitment to the post of Headmaster of a High School, a candidate must possesses the requisite qualifications such as Bachelor Degree from UGC recognized University, B.Ed. from NCTE recognized Institution affiliated to UGC recognized University and teaching experience as Graduate Teacher for a period of 10 years and the petitioner possessed all the above qualifications and experiences for being appointed or to hold the charge of the Headmaster of the school in which he has been serving and the petitioner had acquired the above degrees while he was serving.

The pleaded case of the petitioner is that he, after the enactment of the Right to Education Act, followed by issuance of guidelines by the NCTE, with regard to minimum qualifications of teachers of schools, the Government of Assam had amended the earlier Assam Secondary Education (Provincialisation) Service Rule, 2003 in the year 2012 and had incorporated the requirement of B.Ed. degree as minimum qualification for the teachers of high schools and because of the said requirement for filling up the posts of Graduate Teachers and Principal of Secondary Schools or Senior Secondary Schools, the Government inexercise of vested power, vide Notifications dated 13.09.2012 and 07.07.2014, had relaxed the requirement of B.Ed. degree for a period of five years and filled up the posts of Principal and Graduate Teachers with a condition that the incumbent concerned would acquire the B.Ed. degree from any NCTE recognized Institute and UGC recognized University.

Thereafter, vide Office Memorandum No.ASE.383/2011/pt./77, dated 28.07.2014, the respondent No. 1 had superseded all earlier orders/notifications and it had been decided to allow the teachers of High Schools for acquiring B.Ed. degree. The Respondent No.1 had also allowed the teachers to acquire B.Ed. degree on distance mode of education from Private Institution or University duly recognized by UGC and approved by NCTE and also allowed the teachers to take the evening shift classes where normal classes of the school are not hampered and for that no prior permission shall be required.

Thereafter, the petitioner hadavailed the deputation for acquiring his B.Ed. degree, but could not complete the course within the stipulated time and as per the above O.M. dated 28.07.2014, as because a teacher can avail deputation to undergo B.Ed. training only one time in his service career, as such, he had enrolled for B.Ed. degree in the Indira Gandhi National Open University (IGNOU) and thereafter, h