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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. UNNI KRISHNAN NAIR
Ismot Ara Begum W/o Bulbul Choudhury – Appellant
Versus
State of Assam – Respondent
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 ser
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.
A degree obtained by a government employee without prior permission does not invalidate the degree itself, although it may constitute misconduct.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
The denial of a senior teacher’s claim to principalship due to age and educational qualifications is improper when the criteria are not strictly applied, affirming the need for transparent governance....
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.
Eligibility criteria for promotion must be met, and invalid qualifications disqualify candidates from holding positions, even on an ad hoc basis.
Seniority in service is determined by the date of regularization, not the initial appointment date, as per the applicable service rules.
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