Gauhati High Court
Rupam Patowary And 13 Ors vs The State Of Assam And 5 Ors on 22 January, 2020
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/6
GAHC010006982019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 224/2019
1:RUPAM PATOWARY AND 13 ORS.
S/O LATE NAGEN PATOWARY
A RESIDENT OF VILL- NAMASHALA, P.O. SARTHEBARY, DIST. BARPETA,
ASSAM, PIN - 781307.
2: SAIFUDDIN AHMED
S/O BASIR UDDIN SK
A RESIDENT OF VILL- FALIMARI
P.O. LAKHIPUR
DIST. GOALPARA
ASSAM
PIN - 783129.
3: NARAYAN CH. RAJA
S/O LATE BADAN CHANDRA RAJA
VILL- SILSAKU
P.O. BAGHARA
DIST. MORIGAON
ASSAM
PIN - 782105.
4: HITENDRA SARMA
S/O MONORANJAN SARMA
VILL- KAWARA
P.O. PATACHARKUCHI
DIST. BARPETA
ASSAM
PIN - 783126.
5: KABINDRA DAS
S/O HARESWAR DAS
VILL- PARAHKUCHI PAM
P.O. RAMPUR (DEKAPARA)
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DIST. BARPETA
ASSAM
PIN - 781375
6: NABAJIT DEKA
S/O BHUDHAR DEKA
TOWN- SARTHEBARI
P.O. SARTHEBARI
DIST. BARPETA (M)
ASSAM
PIN- 781307.
7: SONTOSH BASUMATARY
S/O RAJEN BASUMATARY
VILL- MOWAMARI
P.O. LELA
DIST. GOALPARA
ASSAM
PIN - 783124.
8: ANUPAM DAS
S/O LATE ATUL CH. DAS
VILL AND P.O. DOLGOMA
DIST. GOALPARA
ASSAM
PIN - 783125.
9: PANKAJ RABHA
S/O LATE DHANANJAY RABHA
VILL- TARAPARA
P.O. DARANGIRI
DIST. GOALPARA
ASSAM
PIN - 783134.
10: MIZANUR RAHMAN MONDAL
C/O SEKENDAR ALI MONDAL
VILL- NAYAPARA PT.I
P.O. BAHUTI
DIST. GOALPARA
ASSAM
PIN - 783125.
11: GANESH LAL KHAKLARY
S/O PRABIN KHAKLARY
VILL- SALPARA
P.O. MANUPARA
DIST. GOALPARA
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ASSAM
PIN - 781325.
12: DIPANKAR KAKATI
S/O LATE PREMESWAR KAKATI
VILL- LECHERA
P.O. BHETUA
DIST. BARPETA
ASSAM
PIN - 781325.
13: ANUPAM DEKA
S/O DINESH DEKA
R/O PATSALA
P.O. PATSALA
DIST. BARPETA
ASSAM, PIN -781325.
14: NIRMALI CHOUDHURY
W/O NILKANTA KAKATI
R/O PATSALA
P.O. MUGURIA
DIST. BARPETA
ASSAM, PIN - 78132
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
ASSAM,
EDUCATION (SECONDARY) DEPARTMENT,
DISPUR, GUWAHATI -06.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE MISSION DIRECTOR RASTRIYA MADHYAMIC SHIKSHA ABHIYAN
ASSAM
KAHILIPARA
GUWAHATI-19.
4:THE UNIVERSITY GRANTS COMMISSION
BAHADUR SHAH ZAFOR MARG
NEW DELHI- 110002.
5:ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE)
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NELSON MANDELA MARG
VASANT KUNJ
NEW DELHI
PIN -110070.
6:THE EASTERN INSTITUTE FOR
INTEGRATED LEARNING IN MANAGEMENT (EIILM) UNIVERSITY
(REP. BY VICE- CHANCELLOR)
JORETHANG
DIST. NAMCHI
SIKKIM- 737121.
(REP. BY VICE CHENCELLOR
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
22.01.2020 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Mr. J. Abedin, learned standing counsel, Secondary Education Department, appearing for the respondents.
2. The grievance of the petitioners is about alleged non-consideration of the petitioners' applications for appointment to the posts of ICT teachers against provincialised High Schools. According to the petitioners, they were not considered as their Post Graduate Diplomas in Computer Application (PGDCA) are not recognized as being obtained from Eastern Institute for Integrated Learning in Management (EILIM) University, Sikkim.
3. Learned counsel for the petitioners submitted that it is not correct that the said institute is not recognized by the University Grants Commission (UGC) as well as by the All Page No.# 5/6 India Council for Technical Education (AICTE). It has been submitted in this regard that the petitioners have been informed that the result in the recruitment process has not been declared as the said diplomas obtained by the petitioners are not recognized.
4. The ground for non-recognition of said diploma course as assigned by the respondent authorities is that the said institute from where the petitioners had obtained diplomas, was closed down on 30.03.2018. However, the petitioners claimed that they obtained the diplomas from the aforesaid university before its closure and as such there should not be any issue about the validity of the said certificates.
5. Learned counsel for the petitioners submits that if the authorities make necessary verification as to the date of closure of the university and the date of acquisition of the said diploma certificates and if it is found that on verification the petitioners did obtain these diplomas before closure of the university, there should not be any difficulty on the part of the authorities to accept the diplomas as valid.
6. Further contention of the respondents is that the said university otherwise also was not recognized by the UGC as well as by the AICTE and as such in any way these diplomas are not valid.
7. Be that as it may, let the authorities examine as to whether the EILIM University from where the petitioners obtained their diplomas was recognized by the UGC/AICTE as well as the concerned course/mode of education under which the petitioners underwent were valid, and also whether the petitioners obtained the said diplomas from the said university prior to 30.03.2018. If the findings as regards the aforesaid parameters are in favour of the petitioners, the authorities will consider the case for appointment of the petitioners to the Page No.# 6/6 posts of ICT teachers on the basis of their performance in recruitment process, which exercise shall be undertaken by the authorities within a period of 3(three) months from the date of receipt of a certified copy of this order.
Sd/- N. Kotiswar Singh JUDGE Comparing Assistant