Gauhati High Court
Basab Chandra Pathak vs The State Of Assam And 3 Ors on 4 May, 2019
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010090722019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2846/2019
1:BASAB CHANDRA PATHAK
S/O LT. NABIN PATHAK, VILL.- JAPARKUCHI, P.O. TERACHIA, P.S.
NALBARI, PIN-781335
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
SECONDARY EDUCATION, DISPUR, GUWAHATI-781006
2:THE DIRECTOR
SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
3:INSPECTOR OF SCHOOLS
NALBARI
DIST.-NALBARI
PIN-781335
4:INSPECTOR OF SCHOOLS
BARPETA
DIST.-BARPETA
PIN-78132
Advocate for the Petitioner : MR. R C SAIKIA
Advocate for the Respondent : SC, SEC. EDU.
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BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
04-05-2019 Heard Mr. R. C. Saikia, learned counsel for the petitioner and Mr. S. P. Bhattacharya, learned Standing counsel, Secondary Education Department for all the State respondent Nos. 1 to 3.
As the Inspector of Schools, Barpeta, respondent No.4 is no way connected in this writ petition, respondent No.4 be deleted from the cause title of this case.
Issues involved in this writ petition is to consider the communication dated 28.01.2019 issued by the Government of Meghalaya in its Education Department with regard to the recognition of Degree conferred by the CMJ University, Modrina Mansion, Laifumkhrah, Shillong, Meghalaya and to declare the result of the interview for the post of Headmaster in Silpotabari High School, in the district of Nalbari that was held on 26.07.2018 in the Office of the Director of Secondary Education, Assam, respondent No.2.
It is seen that petitioner was appointed as a Graduate Assistant Teacher on 30.04.1992 in said Silpotabari High School, a provincialised Secondary School of the State and from Annexure-3 to the writ petition it can be seen that the petitioner obtained his B.Ed. Degree in the year 2012 from CMJ, University in its campus at Jorabat, Ri-Bhoi district, Meghalaya.
It is also seen that the Director of Secondary Education, Assam by his order dated 02.02.2019 allowed the petitioner to be the Headmaster in-charge of said Silpotabari High School under FR 49(C) in addition to his normal duties.
It is not known how the petitioner from an interior village of Silpotabari of Nalbari district used to attend the campus of CMJ University at Jorabat, Ri-Bhoi district at Meghalaya for his regular B.Ed. Degree.
Petitioner is allowed to file an additional affidavit in this matter to place before the Court as to whether he obtained any prior permission for his regular Page No.# 3/3 B.Ed. Degree from the State respondent Nos. 1 to 3 so as to obtain his said B.Ed. Degree from the campus of CMJ University at Jorabat and if so, to annex such permission or that he obtained said B.Ed. Degree from CMJ University in off campus mode by way of distant education.
List this matter for motion after filing of such additional affidavit by the petitioner.
JUDGE Comparing Assistant