THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Arun Dev Choudhury
Jayanta Neog And Ors S/o- Bhuban Ch. Neog – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. S. Borthakur, learned counsel for the petitioners and Mr. N.J.Khataniar, learned School Education Department, Assam for the respondents.
2. These two writ petitions are taken up together. The challenge made in these two petitions is the same, i.e., a challenge to the communication bearing No. E-417782/18 dated 19.12.2023.
3. The petitioners in these two petitions are working as Subject Teachers/Assistant Teachers and In-Charge Headmasters in different provincialised Secondary Schools under the jurisdiction of the Inspector of Schools, Sivasagar District Circle, Sivasagar and under the jurisdiction of the Inspector of Schools, Tinsukia District Circle, Tinsukia. They had acquired B.Ed.degree, MA degree through distance mode offered by three universities, i.e., IDOL Gauhati University, Dibrugarh University and Assam University.
4. By the impugned communication dated 19.12.2023, the Director of Secondary Education, Assam, Kahilipara instructed all the Inspectors of Schools, Assam asking them to immediately start Departmental Proceedings against those teaching and non-teaching staff of the Provincialised Secondary Schools, who have acqu
Distance learning qualifications for teachers do not violate Rule 13 of the Assam Civil Services (Conduct) Rules, 1965, as they do not disrupt work, thus exempting teachers from needing prior permiss....
Rule 13 of the Assam Civil Service (Conduct) Rules, 1965 cannot invalidate degrees obtained through recognized distance education without prior permission.
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.
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.
Misconduct in obtaining an educational degree does not invalidate the degree itself, but ongoing disciplinary proceedings prevent promotion to higher positions.
A degree obtained by a government employee without prior permission does not invalidate the degree itself, although it may constitute misconduct.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
Point of Law : If Section 6 of the General Clauses Act had been applied, no doubt, this complaint against the two accused for the offence punishable under R. 132A of the D.I.Rs. could have been insti....
The omission of B.Ed. qualification for Vice-Principal recruitment violates NCTE guidelines, necessitating its inclusion as a mandatory requirement.
The court established the validity of the Special Rules in relation to the Management Rules, 1969 and determined that the Special Rules had not been rescinded and were still in operation.
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