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.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. M. Khataniar, learned counsel appearing on behalf of the petitioner in WP(C) No. 1514/2024 and Mr. S.K. Das, learned counsel appearing on behalf of the petitioner in WP(C) No. 1084/2024. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department representing the State respondents in the above noted two writ petitions and Mr. J.P. Kachari, learned counsel representing the respondent no. 4 in the above noted writ petitions.

2. As consented to by the learned counsel appearing for the parties, the above noted two writ petitions are taken up for final consideration and disposal.

3. The issue involved in the above noted two writ petitions being the holding of the charge of the post of Principal in Singimari Md. Ali Higher Secondary School, the above noted writ petitions are being considered analogously and disposed vide the present order.

WP (C) No. 1514/2024

4. The petitioner herein was appointed as a Graduate Teacher in Singimari Md. Ali Higher Secondary School vide an order dated 22.11.1993. Such service of the petitioner was regularized vide an order dated 14.11.2000. The petitioner contends that while being in service, she had pursued a Master’s Degree in Assamese through Distance & Online Learning Mode under Guahati University in the year 2018. It is to be noted that the petitioner had acquired her B.Ed. degree in the year 1994 from Gauhati University. It is projected in the writ petition that the petitioner has pursued her M.A. degree course after obtaining permission from the jurisdictional Inspector of Schools on the body of the application submitted by her. Further, it is projected that the petitioner having undergone such course through the Distance & Online Mode, no permission was called for to be so taken. It is projected that on superannuation of the incumbent in the post of Principal of the school, w.e.f., 31.12.2023, she being the senior most and qualified teacher in the school, she was handed over the charge of the post of Principal. Further, it is projected that the School Development and Managing Committee, in its meeting held on 23.12.2023 had passed a resolution requiring the petitioner, being the senior most teacher, to be permitted to hold the charge of the post of Principal of the school.

5. Thereafter, The Director, Secondary Education, Assam, for the purpose of allowing one of the teachers in the school to function as the Principal of the school on In-charge basis, had proceeded to examine the service particular of the teachers of the school including the petitioner herein. On such examination of the service particulars, the Director of Secondary Education, Assam vide the order dated 20.02.2024; proceeded to hold that the petitioner was not eligible to hold the charge of the post of Principal, inasmuch as, she had pursued her M.A. degree from Guahati University without obtaining formal permission from the departmental authorities and accordingly, the M.A. degree obtained by her was held to be invalid. After considering the case of the other teachers in the school, the respondent no. 4 was found to be eligible to hold the charge of the post of Principal of the school, considering his seniority although, he did not have the mandatory qualification of B. Ed. Degree. Being aggrieved, the petitioner has instituted the present proceeding.

WP (C) No. 1084/2024

6. The petitioner in the present proceeding Dilip Kumar Sarma had joined as an Assistant Teacher at Singimari Md. Ali Higher Secondary School, on 17.11.1999. The petitioner, after joining his service had also completed his B.Ed. degree course on being deputed for the same by the respondent authorities. The petitioner is a Graduate Teacher. T