Gauhati High Court
Pankaj Sarma And 9 Ors vs The State Of Assam And 3 Ors on 10 January, 2020
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/7
GAHC010007692020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 259/2020
1:PANKAJ SARMA AND 9 ORS.
S/O- LATE KAMAKHYA NATH SARMA, ASSTT TEACHER OF JANATA
BIDYAPITH HIGH SCHOOL, MANAHKUCHI, DIST- KAMRUP, PIN- 781104
2: SRI SAHJAHAN SAIKIA
SON OF LATE LALMAHAMMAD SAIKIA ASSISTANT TEACHER OF
NAGAON CHARIALI HIGH MADRASSA
BAIHATA CHAIALI
DIST.-KAMRUP
ASSAM.
3: TAPODHAN MEDHI
SON OF SRI THANESWAR MEDHI
ASSISTANT TEACHER OF HAJO MANIKUT HIGH SCHOOL
DIST.- KAMRUP(M)
ASSAM
PIN-781102.
4: KABIN CHANDRA DAS
SON OF LT. DHARANI DHAR DAS
ASSISTANT TEACHER OF MODARTALA VIDAYAPITH HIGH SCHOOL
MADANPUR
DIST.- KAMRUP
ASSAM.
5: KANDARPA KUMAR DAS
SON OF LATE JYOTISH KUMAR DAS ASSISTANT TEACHER OF HAJO
ADARSHA VIDYAPITH HIGH SCHOOL
HAJO DIST.- KAMRUP
ASSAM
Page No.# 2/7
PIN-781102.
6: HEMANTA KUMAR SARMA
SON OF LATE PRATAP CHANDRA SARMA
ASSISTANT TEACHER OF BARSHIL HIGH SCHOOL
BARGAON
DIST.- KAMRUP
ASSAM
PIN-781101.
7: TILAK DEKA
SON OF SRI RAJANI DEKA
ASSISTANT TEACHER OF BORKA SATGAON HIGH SCHOOL
DIST.- KAMRUP
ASSAM.
8: JOYMOTI DAS
DAUGHTER OF LATE LALIT CHANDRA KALITA
ASSISTANT TEACHER OF HAJO MANIKUT HIGH SCHOOL
DIST.-KAMRUP
ASSAM.
9: BINU DUTTA BARUAH
DAUGHTER OF LATE KAMALA KANTA DUTTA BARUAH
ASSISTANT TEACHER OF PANITEMA ANCHALIK HIGH SCHOOL
DIST.- KAMRUP
ASSAM.
10: LOHIT CHANDRA DAS
SON OF LATE GANDAR CHANDRA DAS B.SC TEACHER OF MANDAKATA
HIGH SCHOOL
MANDAKATA
DIST.- KAMRUP
ASSA
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY, SECONDARY EDUCATION
DEPTT, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR
SECONDARY EDUCATION
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ASSAM
KAHILIPARA
GUWAHATI- 781019.
3:THE DEPUTY REGISTRAR
CMJ UNIVERSITY
JORABAT
RI-BHOI DISTRICT
MEGHALAYA-793101.
4:THE UNIVERSITY GRANT COMMISSION
BAHADURSHAH JAFAR MARG
NEW DELHI-11002
Advocate for the Petitioner : MR Z KAMAR
Advocate for the Respondent : SC, EDU
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 10-01-2020 Heard Mr. B. Kaushik, learned counsel for the petitioners. Also heard Ms. N. Phukan, learned Standing Counsel, Education (Secondary) Department and Ms. T. Ghosh, learned Standing Counsel, UGC.
2. In this petition, the petitioners are seeking for a direction to the respondent authorities to recognize the B.Ed. Degree obtained by them from the CMJ University, Meghalaya.
3. It has been submitted that all the petitioners are presently working as Assistant Teachers in different High Schools of Kamrup district and because of non-recognition of B.Ed. degree obtained by the petitioners from the CMJ University, the petitioners could not sit in the recent interview /selection for the post of Headmaster/Assistant Headmaster and also they were deprived from other due benefits entitled to them.
4. It has been submitted at the Bar that this petition is squarely covered by the decision rendered by this Court in WP(C) No. 1055/2019 and other connected writ petitions, disposed Page No.# 4/7 of on 13.09.2019. It has been submitted that petitioners are similarly situated and prayed that similar direction may be issued to the respondent authorities to recognize the B.Ed degree obtained by them from the CMJ University, Meghalaya for all purposes.
5. The aforesaid order dated 13.09.2019 reads as follows.
"Heard Mr. R.C. Saikia, learned counsel for the petitioners. Also heard Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department as well as Ms. K. Tsukuru, learned Standing Counsel for the UGC.
2. In this petition, the petitioners are seeking for a direction to the respondent authorities to recognize the B.Ed degree obtained by the petitioners from the CMJ University, Meghalaya. It has been contended that all the petitioners have obtained their B.Ed degree prior to 2012 and as such would be valid for all purpose.
3. It has been mentioned that all the petitioners are presently serving as teachers/ Headmasters I/C or Principals I/C in some of the schools and it has been submitted that because of non-recognition of B.Ed degree obtained by the petitioners from the CMJ, University, the petitioners were not given the due benefits entitled to them.
4. In this regard, it has been submitted by learned counsel for the State respondents that State Government had already written to the Meghalaya Government seeking clarification about the validity of B.Ed. degree conferred by the CMJ University, Meghalaya on 13.08.2018. Consequent to the said query made by the State Govt. of Assam, the Meghalaya Govt. has also clarified the matter by issuing a letter dated 28.01.2019.
Relevant portion of the said letter dated 28.01.2019 reads as follows:
"GOVERNMENT OF MEGHALAYA EDUCATION DEPARTMENT No.EDN.22/2012Pt./Vol.I/548 Dated Shillong, the 28th January, 2019 From: Sri Walpeelter Roy Lyngdoh, IAS, Secretary to the Govt. of Meghalaya, Education Department, Shillong.
To,
1. The Commissioner and Secretary to the Govt. of Assam, Secondary Education, Assam.
Dispur, Guwahait-06.
Page No.# 5/7 Subject: Regarding validity of B.Ed. Degree obtained from CMJ University, Meghalaya.
Sir, With reference to your letter No. ASE.799/2017/WP(C) 782/2016/172 Dated 13- 08- 2018 regarding validity of B.Ed degree obtained from CMJ University, Meghalaya, I am directed to inform you that CMJ University, Modrina Mansion, Laitumkhrah, Shillong (Meghalaya) was established vide Act No.04 of 2009 (Notification No.LL(B) 42/09/80 dated 20-07-2009) of the State Legislature of Meghalaya as a private University, and was empowered to award degrees as specified by the UGC under Section 22. Of the UGC Act. 1956 at its main campus in regular mode with the approval of statutory bodies/ councils, wherever required. As per recent press release dated 01-11-2017, the Hon'ble Prime Minister of our Country had given Approval for introduction of a bill in parliament namely National Council for teachers education (Amendment Act, 2017, which will granted Retrospective Recognition to all central/ state University conducting teacher education courses without NCTE Permission, now the B.Ed., degree is a valid qualification for the purpose of employment under central Government, any state Government, or University or in any school, College or other educational body aided by the central Government or any state Government.
For any other information in this regard you are requested to Approach Directly to the CMJ University.
Yours Faithfully Secretary to the Govt. of Meghalaya, Education Department, Shillong"
5. It has been submitted by Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department that though the matter has been clarified by the Meghalaya Govt. as mentioned above, the State Govt. is yet to take any decision which is required to be taken after considering other relevant factors also.
6. If that is so, let the State Govt. take the call for deciding the validity of the said B.Ed degree on the basis of the clarification offered by the CMJ, University on 28.01.2019 in terms of the clarification issued by the State Govt. in their letter on 28.01.2019. In the event the Govt.
Page No.# 6/7 accepts the validity of the said B.Ed degree necessary service benefit may be granted to the petitioners.
7. In this regard, learned counsel for the petitioners submits that the NCTE has also clarified about the validity of the said B.Ed degree obtained by the petitioners.
8. The State Govt. will accordingly, take into consideration the said communication /clarification received from the Govt. of Meghalaya on 28.01.2019 and any other recommendation so made by the NCTE and the CMJ University, as the case may be and pass a final order as regards the validity of the said B.Ed degree obtained by the petitioners from the CMJ University.
9. In case the State Government accept the validity of the CMJ University, necessary service benefits may be given to the petitioners either by regularization/ other financial benefits as per law including increments.
10. Learned counsel for the petitioners submits that as many as 15 Principals have been granted benefits after they have obtained B.Ed degree from CMJ University for which the petitioners submitted a list of such Principals/ Teachers who have been granted benefit by the authorities.
11. Learned counsel for the petitioners submits that financial benefits and increment have been already extended to the teachers in Karbi Anglong district in respect of teachers who have obtained B.Ed. degree from CMJ, University. While doing the aforesaid exercise, the State Government would be at liberty to seek any clarification from any authority as the case may be, within a time frame including NCTE and UGC.
12. The authorities will do the needful within a period of 3(three) months from the date of receipt of a certified copy of this order.
13. Petition is disposed of accordingly."
6. Ms. Phukan, learned Standing Counsel, Education (Secondary) Department also fairly submits that if this decision is covered, she would have no objection and similar relief will be granted to the petitioners after making necessary verification.
7. In view of above, the present petition is disposed of by directing the respondent authorities to consider the case of the petitioners in the light of decision rendered by this Court in aforesaid writ petition, WP(C) No. 1055/2019 and other connected writ petitions, disposed of on 13.09.2019 and after verification if the petitioners are found to be similarly situated as claimed by the petitioners, similar benefit may be accorded to them for obtaining Page No.# 7/7 the B.Ed. Degree from the CMJ University, Meghalaya.
8. Accordingly, the authorities will do the needful within a period of 3(three) months from the date of receipt of a certified copy of this order.
JUDGE Comparing Assistant