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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
VIJAY BISHNOI, KAUSHIK GOSWAMI
Gobin Sarmah, S/o Late Premal Sarmah – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. A. R. Bhuyan, learned counsel appearing for the appellant. Also heard Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department, appearing for the respondent Nos. 1, 2 and 3 and Mr. K. Boruah, learned counsel, and Ms. P. Borah, learned Counsel appearing for the respondent No. 4.
2. This writ appeal is preferred against the impugned judgment and order dated 29.01.2024, passed by the learned Single Judge in WP(C) No.2621/2022, whereby the writ petition filed by the appellant/writ petitioner was dismissed.
3. The brief facts of the case are that the appellant/writ petitioner was initially appointed as a Graduate Assistant Teacher in Gogamukh Girls’ High School on 30.10.1986, whereas the respondent No.4 was appointed as a Hindi Teacher in the same school on 21.05.1998. Thereafter, the post of Headmaster of the said school fell vacant on retirement of the incumbent therein on 10.06.2019 and the petitioner was allowed to hold the charge of the post of Headmaster by order dated 10.07.2019. It is the specific case of the appellant/writ petitioner that while he was continuing in such capacity, the respondent authorities vide order dated 2
Eligibility criteria for promotion must be met, and invalid qualifications disqualify candidates from holding positions, even on an ad hoc basis.
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.
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.
Misconduct in obtaining an educational degree does not invalidate the degree itself, but ongoing disciplinary proceedings prevent promotion to higher positions.
The main legal point established in the judgment is the requirement for the respondent authorities to follow the regular appointment process as mandated by the Assam Secondary Education (Provincialis....
The main legal point established in the judgment is that a B.Ed. degree obtained from an institution, even if unrecognized, would be valid if the course was undertaken in the given year when the reco....
Recognition of educational qualifications by NCTE and RCI is binding, and cancellation of appointments based on unsubstantiated claims is unlawful.
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