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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
The State Of Assam, Represented By The Secretary To The Govt. Of Assam, Department Of School Education Assam (Civil) Secretariat – Appellant
Versus
Madhab Chandra Kalita, Son Of Jogeswar Kalita – Respondent
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. N.J. Khataniar, learned counsel for the appellant (State). Also heard Mr. B. Purkayastha, learned counsel for the respondent no.1.
2. The case pertains to the appointment of In-charge Head Master of Gotanagar High School following the retirement of the earlier Head Master on 31/07/2024. The respondent no.1 (writ petitioner) has been serving as a Graduate Teacher since 1990 and was granted the graduate scale of pay from 19/11/1991.
3. When the Inspector of Schools submitted a proposal for placing an In-charge Head Master, the respondent no.1’s name appeared at Sl. No.1 in the seniority list. However, a complication arose because the petitioner had obtained his B.Ed degree in 2016, without taking prior permission from the appointing authority i.e. the Inspector of Schools, thereby contravening the provisions of Rule 13 of the Assam Services (Conduct) Rules, 1965 (herein after referred to as 1965 Rules). Due to the above, the respondent authorities ignored the claim of the respondent no. 1, who was the senior most Assistant Teacher and instead appointed the respondent no.2 as In-charge Head Master. Being aggrieved, the respondent no.1 filed WP(C)
Misconduct in obtaining an educational degree does not invalidate the degree itself, but ongoing disciplinary proceedings prevent promotion to higher positions.
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.
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....
A degree obtained by a government employee without prior permission does not invalidate the degree itself, although it may constitute misconduct.
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 appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
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....
Eligibility criteria for promotion must be met, and invalid qualifications disqualify candidates from holding positions, even on an ad hoc basis.
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....
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