GAHC010240902019

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THE GAUHATI HIGH COURT

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

Case No. : Review.Pet./168/2019

SMTI. SHELLEY DAS CHOWDHURY

I/C, PRINCIPAL, KALAIN HIGHER SECONDARY SCHOOL, VILL- TARAPUR,

P.O- KALAIN, DIST- CACHAR, ASSAM, PIN- 788815

VERSUS

SIRAZUL AMBIA AND 8 ORS.

S/O- LATE ABDUL KHALIQUE, VILL- BRAHMANGRAM, DIGBOR ROAD,

P.O- KALAIN, P.S- KATIGORAH, DIST- CACHAR, ASSAM, PIN- 788815

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

EDUCATION (SECONDARY) DEPARTMENT

DISPUR

GUWAHATI-781006.

3:THE STATE SELECTION BOARD

THROUGH THE CHAIRMAN (I.E THE COMMISSIONER AND SECRETARY

TO THE GOVT OF ASSAM)

EDUCATION (SECONDARY) DEPTT

GUWAHATI- 781006

4:THE DIRECTOR SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI- 19

5:THE INSPECTOR OF SCHOOLS

CACHAR DISTRICT CIRCLE

SILCHAR

ASSAM

PIN- 788001

6:THE SCHOOL SELECTION COMMITTEE KALAIN HIGHER SECONDARY SCHOOL CACHAR REPRESENTED BY ITS MEMBER SECRETARY SRI ABINASH SUKLABAIDYA SUBJECT TEACHER OF KALAIN HIGHER SECONDARY SCHOOL VILL- TARAPUR P.O- KALAIN DIST- CACHAR ASSAM PIN- 788815

7:SILCHAR COLLEGE OF EDUCATION THROUGH ITS PRINCIPAL SITUATED AT UTTAR KRISNAPUR NAGATILLA SONAI ROAD SILCHAR-788006 ASSAM.

8:THE ASSAM UNIVERSITY THROUGH ITS CONTROLLER DARGAKONA SILCHAR DIST- CACHAR ASSAM PIN- 788011.

9:THE NATIONAL COUNCIL FOR TEACHER EDUCATION THROUGH THE CHAIRPERSON HANS BHAWAN (WING-II)

1 BAHADUR SHAH ZAFAR MARG NEW DELH Advocate for the Petitioner : MR. A C BURAGOHAIN, MR. H. BURAGOHAIN,MS A DEVI Advocate for the Respondent : SC, EDU, MR. M R CHOUDHURY (R-1),MS L HMAR (R-1),MR. B BORAH,MR. I H SAIKIA (R-1),MR. K KALITA (R-1),MR. K N CHOUDHURY (R-1),SC, N C T E,MR. I ALAM BEFORE HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

26-11-2025 (Arun Dev Choudhury,J)

1. Heard Mr. H. Buragohain, learned counsel for the petitioner and Mr. I. H. Saikia, learned counsel for the respondent No.1. Also heard Mr. N.J.Khataniar, learned Standing counsel, Secondary Education Department, Assam, for the respondent Nos. 2 to 5 and Mr.

I. Alam, learned Standing counsel, NCTE, for the respondent No. 9.

2. The present review petition is filed seeking review of the judgment and order dated 29.04.2019, passed in W.A. No. 354/2018, arising out of the judgment and order dated 01.11.2018, passed by the learned Single Judge in WP(C) No. 4674/2017.

3. The respondent No.1 herein preferred the said WP(C) No. 4674/2017, assailing an order dated 26.07.2017 passed by the Director of Secondary Education, Assam, whereby the present petitioner was appointed as a regular Principal of Kalain Higher Secondary School of Cachar District. The eligibility of the petitioner to be appointed to the post of Principal was questioned in the aforenoted writ petition, on the ground that B.Ed. degree obtained by her from Silchar College of Education was not recognised by the National Council for Teacher Education (for short NCTE).

4. The learned Single Judge, by its order dated 01.11.2018, declined to enter into the merits of such dispute raised as the degree obtained by the petitioner was not under challenge. Accordingly, the matter was relegated to the respondent No.2 therein, i.e., the Commissioner and Secretary to the Govt. of Assam, Secondary Education Department, who was the chairman of the State Selection Board, to decide the validity of B.Ed. degree obtained by the petitioner, by keeping in mind the fact that the petitioner had obtained her B.Ed. Degree in the year 1998, and that Silchar College of Education applied for its recognition from the NCTE only on 26.02.1996, and the NCTE Act became applicable since 01.07.1995.

5. Though such a determination was challenged by the petitioner in WA No.

354/2018, the same was also dismissed by the order dated 29.04.2019.

6. Assailing the aforesaid determinations, the petitioner approached the Apex Court by filing a Special Leave Petition being SLP(C) No. 18536/2019, which was also dismissed on 27.08.2019 with a liber