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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Arun Dev Choudhury
Tankeswar Nath S/o- Late Umesh Chandra Nath – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. B. Purkayastha , learned counsel for the petitioner and Mr. N.J.Khataniar, learned Standing counsel, School Education for the respondents.
2. These three writ petitions are taken up together for final determination as the dispute is between the same parties and the issues involved in these petitions are also same.
3. The petitioner initially preferred a writ petition being WP(C) No. 5419/2023, challenging an order dated 30.03.2023 by which the respondent No. 4 therein, one Jiten Chandra Barman, was allowed to hold the charge of the post of Principal, Sarthebari Higher Secondary School, Barpeta.
4. The petitioner was not given such benefit primarily on the ground that the petitioner had acquired his M.A. degree in Assamese from Krishna Kanta Handique State Open University (hereinafter referred to as KKHSOU). The ground of refusing such benefit was in terms of Rule 13 of the Assam Civil Service (Conduct) Rules, 1965 (hereinafter referred to as the Rules, 1965).
5. This Court after elaborate discussion, under its order dated 18.12.2023, held that the provision of Rule 13 of the Rules, 1965, cannot be invoked to invalidate any degree acq
Rule 13 of the Assam Civil Service (Conduct) Rules, 1965 cannot invalidate degrees obtained through recognized distance education without prior permission.
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....
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.
A degree obtained by a government employee without prior permission does not invalidate the degree itself, although it may constitute misconduct.
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 appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
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.
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