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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Bharat Chandra Talukdar, S/o Late Atul Chandra Talukdar – Appellant
Versus
Commissioner and Secretary to the Govt. Of Assam – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Ms. B. Bhuyan, learned senior counsel assisted by Mr. T. Deuri, learned counsel for the petitioner in WP(C) No. 4355/2023 and for the respondent Nos. 8 & 9 in WP(C)No.639/2024 and WP(C) No.6381/2024. And also heard Mr. S.K. Goswami, learned counsel for the petitioners in WP(C)No.639/2024 and WP(C)No.6381/2024 and respondent No. 10 in WP(C)No. 4355/2023; Mr. P. J. Phukan, learned Standing Counsel, Gauhati University and Mr. I. Alam, learned Standing Counsel, NCTE.
2. Since these writ petitions are inter-connected and the issues involved are similar on facts and law, same were heard analogously and disposed of by this common judgment and order.
3. In WP(C)No. 4355/2023, the petitioner, namely, Shri Bharat Chandra Talukdar, has assailed the order dated 27.07.2023, passed by the Director of Education, Bodoland Territorial Council, Kokrajhar, whereby, the appointment of the petitioner as Principal of Barama Higher Secondary School and the validity of B.Ed. Degree obtained by the petitioner from the SDP College of Teachers Education, Tihu, has been treated to be cancelled in pursuant to the order dated 26.06.2023 passed in WP(C) 1026/2023 and the petitioner in
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.
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.
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....
Misconduct in obtaining an educational degree does not invalidate the degree itself, but ongoing disciplinary proceedings prevent promotion to higher positions.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
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