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2021 DIGILAW 295 (GAU)

Abu Bakkar Siddique v. State Of Assam

2021-03-19

ACHINTYA MALLA BUJOR BARUA

body2021
JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. KN Choudhury, learned senior counsel for the petitioner and Mr. R Mazumdar, learned counsel for the respondents. 2. The petitioner, who had completed his B.Ed degree in the year 1996 from the Dhubri Post Graduate Teachers Training College under Gauhati University, had participated in the selection process for the post of Principal of Kalapani HS School as per the advertisement dated 01.05.2019. The School Selection Committee pursuant to such process, prepared a panel of three names, wherein the name of the petitioner is at Sl.No.1 in order of merit. The petitioner is aggrieved to the extent that although being selected, no appointment order is forthcoming in favour of the petitioner. Upon enquiry, the petitioner has been informed that the appointment letter is not issued as there is a doubt on the authenticity of his B.Ed degree obtained in the year 1996. 3. The respondents relies upon the provision of Section 14 of the National Council for Teacher Education Act, 1993 (in short Act of 1993), which inter-alia requires that from the coming into effect of the Act of 1993, all such educational institutions imparting the B.Ed course are required to be recognized by the National Council for Teacher Education. As the Act came into force w.e.f. 01.07.1995 and the B.Ed degree of the petitioner was subsequent to it, therefore, the aforesaid doubt had arisen in the mind of the respondents. 4. We have taken note of the proviso to Section 14(1) of the Act of 1993, which inter-alia provides that an institution offering a course or training in teacher education immediately before the appointed date, shall be entitled to continue such course or training for a period of six months if it has made an application for recognition within the said period of six months till the disposal of such application. It is also stated that the said period of six months had subsequently been extended by a suitable notification of the NCTE up to the year 1997. 5. Be that as it may, the petitioner had obtained his B.Ed degree from the Dhubri Post Graduate Teachers Training College and the said institute had made an application dated 28.11.1995 to the Principal Secretary, National Council for Teacher Education requesting for a recognition of the B.Ed course imparted by the said institution. 5. Be that as it may, the petitioner had obtained his B.Ed degree from the Dhubri Post Graduate Teachers Training College and the said institute had made an application dated 28.11.1995 to the Principal Secretary, National Council for Teacher Education requesting for a recognition of the B.Ed course imparted by the said institution. It is also stated that subsequently in the year 1998, the required recognition was given. As the institute from which the petitioner had obtained his B.Ed degree had made the required application as provided in proviso to Section 14(1) of the Act of 1993, therefore, the B.Ed degree offered by the said institution would have to be construed to be a valid B.Ed degree if it was given within the period after submission of the application for recognition and before the said application was given a final consideration. 6. Admittedly, the B.Ed degree obtained by the petitioner in the year 1996 was within the aforesaid period. Accordingly, we find no reason as to why the B.Ed degree of the petitioner would be unacceptable in law. 7. With the above observation, we remand the matter back to the Director of Secondary Education, Assam to pass an appropriate order and bring the selection process pursuant to the advertisement dated 01.05.2019 to its logical end. The requirement be done by the Director within a period of two months from the date of receipt of a certified copy of this order. With the above observations, the writ petition stands disposed of.