SIRAZUL AMBIA Vs. STATE OF ASSAM AND 7 ORS
LAWS(GAU)-2018-11-144
HIGH COURT OF GAUHATI
Decided on November 01,2018

Sirazul Ambia Appellant
VERSUS
State Of Assam And 7 Ors Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. I H Saikia, learned counsel for the writ petitioner as well as Mr. I Alam, learned counsel appearing for the respondent No.9 (NCTE). Mr. BK Sharma, learned counsel appears for the respondent No.8 whereas Ms. P Baruah, learned counsel appears for the respondent No.7. Ms. L Das, learned counsel appears on behalf of Mr. RC Paul for the respondent No.6 and Mr. N Sarma, learned counsel appears for the respondent Nos. 1 to 4.
(2.) The challenge in the present case is to the order dated 26.07.2017, passed by the Director of Secondary Education, Assam, whereby the respondent No. 8 has been appointed as regular Principal of Kalain H.S. School in Cachar district. The petitioner has questioned the eligibility of the respondent No.8 to be appointed to the post of Principal, on the ground that the B.Ed Degree which the respondent No.8 had obtained from Silchar College of Education, was not recognized by the National Council for Teacher Education (in short 'NCTE').
(3.) The petitioner's counsel submits that the contents of the Advertisement dated 16.06.2016, the guidelines for selection in the Office Memorandum dated 06.06.2014 and the note given in the marking pattern in the order dated 23.06.2016, clearly provides that a B-Ed Degree from any institute, not having an NCTE recognition, could not be accepted. He submits that the NCTE Act, 1993 came into force only on 01.07.1995. The respondent No.8 obtained her B.Ed Degree from Silchar College of Education in the year 1998, while the NCTE recognized the Silchar College of Education only on 11.08.2003. As the Silchar College of Education was not recognized by the NCTE, at the time respondent No.8 obtained her B.Ed Degree, the selection and appointment of the respondent No.8 being in violation of the terms of the Advertisement, the same should be set aside. He submits that as the petitioner had been placed at No.1, along with respondent No.8 in the select list, by the School Selection Committee, the petitioner should be considered for appointment as regular Principal in Kalain HS School in the place of the respondent No.8.;


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