GAHC010240392025 2025:GAU-AS:16911

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/395/2025

MEHBUBUR RAHMAN CHOWDHURY AND ANR

S/O- SOFIQUR RAHMAN CHOWDHURY,ASSTT. HEADMASTER OF DABAKA GIRLS HIGH SCHOOL,RESIDENT OF CHARING PATHER, P.O- CHARING, P.S-

MURAZAR, DIST- HOJAI, ASSAM-782439.

2: SRI BRITHASPATI BISWAS S/O- LATE KHITISH BISWAS

ASSTT. HEADMASTER AUROBINDO BIDYA NIKETAN HIGH SCHOOL

RESIDENT OF VILL- MITHAM BENGALI LOKD COLLEGE ROAD P.O- AND

PS- DHEKIAJULI DIST- SONITPUR

ASSAM-784110

VERSUS

THE STATE OF ASSAM AND ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT,

DISPUR, GUWAHATI-06.

2:THE DIRECTOR

SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-19.

3:THE UNIVERSITY GRANTS COMMISSION

BAHADURSHAH

JAFAR MARG

NEW DELHI-110002.

4:THE NATIONAL COUNCIL FOR TEACHER EDUCATION

NCTE

HANS BHAWAN WING-II

BAHADURSHAH ZAFAR MARG NEW DELHI-110002.

5:THE CMJ UNIVERSITY JORABAT RI-BHOI MEGHALAYA-793101.REPRESENTED BY THE DEPUTY REGISTRA Advocate for the Petitioner : SHEIKH ABDULLAH, MR. A R BHUYAN Advocate for the Respondent : , SC. N.C.T.ED BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 08-12-2025 (N. Unni Krishnan Nair, J)

Heard Mr. A.R. Bhuyan, learned counsel for the appellants. Also heard Ms. R. Baruah, learned counsel appearing for the respondent Nos. 1 & 2.

2. In view of the nature of the order being passed today, notice upon the respondent Nos. 3 and 4 is not deemed necessary.

3. The appellants by way of instituting the present intra-court appeal have assailed the judgment and order dated 15-09-2025, passed by the learned Single Judge in W.P.(C) No.

3899/2023.

4. The appellants, herein, who were appointed as Graduate Teachers, understanding the necessity of acquiring a B.Ed. qualification, for the purpose of their career advancement, proceeded to enroll themselves for pursuing a B.Ed. course, as in-campus students at CMJ University, Meghalaya. The appellants on completion of the course of study, came to be conferred with their respective B.Ed. degrees by the University in the year 2011 and 2012 respectively.

The NCTE authorities in response to a query raised by the Secondary Education Department, Government of Assam, clarified vide communication dated 27.05.2019 that the CJM University was not recognized by the Eastern Regional Committee, NCTE for B.Ed. programme. Accordingly, the Government of Assam in the Secondary Education Department arrived at a decision that the B.Ed. degree obtained from the CMJ University would not be recognized as a valid qualification for the purpose of Employment and promotion.

The B.Ed. degree obtained by the appellants from CMJ University, now being held to be not valid for the purpose of consideration of their cases for promotion to the cadre of Headmaster, the appellants along with 5(five) others, instituted WP(C) No. 3899/2023, assailing the decisions on the part of the authorities to treat the B.Ed. degree obtained from CMJ University to be not valid.

The learned Single Judge by noticing the binding precedents available on the issue proceeded vide Judgment and Order dated 15.09.2025 to dismiss W.P.(C) No. 3899/2023.

Being aggrieved, 02 (two) writ petitioners involved in the proceeding of W.P.(C) No.

3899/2023, have instituted the present appeal.

5. Mr. A.R. Bhuyan, learned counsel for the appellants, at the outset has submitted that the B.Ed. degree as pursued by the appellants being so pursued from the CMJ University, a deemed University under Section 3 of the UGC Act, their B.Ed. degree is valid and a contrary view, thereon, was not permissible to be taken by the NCTE, as well as the Govt. of Assam in the Secondary Education Department. Mr. Bhuyan has further submitted that the B.Ed. degree acquired by the appellants from the CMJ University has not been nullified by any authority and accordingly, the appellants would be entitled to all the benefits flowing, there- from