Gauhati High Court
Sri Bijon Nath vs The State Of Assam And 8 Ors on 13 February, 2020
Author: Ajai Lamba
Bench: Ajai Lamba
Page No.# 1/10
GAHC010036692019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA 55/2019
1:SRI BIJON NATH
MA (MATHEMATICS), B.ED, PRINCIPAL , SWARNA LAKSHMI HIGHER
SECONDARY SCHOOL, NARSINGPUR, DIST. CACHAR, ASSAM, VILL. AND
P.O. NARSINGPUR, P.S. SONAI, DIST. CACHAR, ASSAM, PIN 788115
VERSUS
1:THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, DEPTT. OF SECONDARY EDUCATION, DISPUR, GUWAHATI,
ASSAM, PIN 781006
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
ASSAM
PIN 781019
3:THE STATE SELECTION COMMITTEE
ASSAM REPRESENTED BY THE CHAIRMAN CUM COMMISSIONER AND
SECY. TO THE GOVT. OF ASSAM
EDUCATION SECONDARY DEPTT.
DISPUR
GUWAHATI
ASSAM
PIN 781006
4:THE INSPECTOR OF SCHOOLS
CACHAR DIST. CIRCLE
SILCHAR
DIST. CACHAR
Page No.# 2/10
ASSAM
PIN 788001
5:THE SCHOOL SELECTION COMMITTEE CUM SMDC
OF SWARNA LAKSHMI HIGHER SECONDARY SCHOOL
NARSINGPUR
REPRESENTED BY ITS CHAIRMAN/PRESIDENT
SRI PULAK BHATTACHARJEE
VILL. SALEPUR
P.O. NARSINGPUR
DIST. CACHAR
ASSAM
PIN 788115
6:ANIL KR. NATH
PARENT MEMBER OF SCHOOL SELECTION COMMITTEE
R/O KABUGANJ
P.O. KABUGANJ
DIST. CACHAR
ASSAM
PIN 788121
7:THE UNIVERSITY GRANTS COMMISSION (UGC)
REPRESENTED BY ITS DIRECTOR
BAHADUR SHAH ZAFAR MARG
NEW DELHI
PIN 110002
8:SAM HIGGINBOTTOM INSTITUTE OF AGRICULTURE TECHNOLOGY AND
SCIENCE
DEEMED TO BE UNIVERSITY REPRESENTED BY ITS VICE
CHANCELLOR/REGISTRAR
P.O. AGRICULTURE INSTITUTE
REWAS ROAD
NAINI
ALLAHABAD
UTTAR PRADESH
PIN 211007
9:SMTI GEETASHREE DAS
W/O SRI SUBRATA BISWAS
SUBJECT TEACHER
SWARNA LAKSHMI HIGHER SECONDARY SCHOOL
Page No.# 3/10
NARSINGPUR
REPRESENTED BY ITS CHAIRMAN/PRESIDENT
SRI PULAK BHATTACHARJEE
VILL. SALEPUR
P.O. NARSINGPUR
DIST. CACHAR
ASSAM
PIN 78811
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : WA 76/2019
1:SRI ASIT BARAN PAUL S/O- LATE AMULYA BHUSAN PAUL MA (ECONOMICS) B.ED.
PRINCIPAL PRINCIPAL BHIKAMCHAND BALIKA HIGHER SECONDARY SCHOOL CHARBAZAR P.O. P.S. AND DIST.- KARIMGANJ ASSAM PIN- 788711 VERSUS 1:THE STATE OF ASSAM AND 8 ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SECONDARY EDUCATION DISPUR GUWAHATI ASSAM PIN- 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI Page No.# 4/10 ASSAM PIN- 781019 3:THE INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT CIRCLE DIST. KARIMGANJ ASSAM PIN- 788001 4:SRI BIMAL CHANDRA DAS THE CHAIRMAN THE SCHOOL SELECTION COMMITTEE R/O- SILCHAR ROAD NEAR SENCO PETROL PUMP P.O. AND DIST.- KARIMGANJ PIN- 788713 5:SMTI. DEBOJANI BHATTACHARJEE MEMBER SECRETARY SCHOOL SELECTION COMMITTEE ASSISTANT TEACHER BHIKAMCHAD BALIKA VIDYANIKETAN HIGHER SECONDARY SCHOOL P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788711 6:SMTI. SUSMITA SUKLYABAIDYA MEMBER SCHOOL SELECTION COMMITTEE POST GRADUATE TEACHER BHIKAMCHAD BALIKA VIDYANIKETAN HIGHER SECONDARY SCHOOL P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788711 7:SMTI. MOULI DHAR MEMBER SCHOOL SELECTION COMMITTEE GUARDIAN REPRESENTATIVE C/O- ASHIM JYOTI DHAR R/O- CHARBAZAR P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788711 8:THE UNIVERSITY GRANTS COMMISSION (UGC) REPRESENTED BY ITS DIRECTOR BAHADUR SHAH ZAFAR MARG NEW DELHI- 110002.
Page No.# 5/10 9:SRI PURNENDU SEKHAR DEBNATH S/O- LATE BENOD BEHARI DEBNATH POST GRADUATE TEACHER BENGALI BHIKAMCHAD BALIKA VIDYANIKETAN HIGHER SECONDARY SCHOOL P.O. AND DIST.- KARIMGANJ ASSAM PIN- 788711.
Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : SC SEC. EDU.
Counsel for the appellants : Mr. K.N. Choudhury, Senior Advocate Mr. B. Purkayastha Counsel for the respondents : Mr. R. Mazumdar, Standing Counsel, Education Department for Respondents No.1 and 2 Mr. A. Chamua, Standing Counsel, UGC for Respondent No.8 Mr. U.K. Nair, Senior Advocate Mr. S.K. Das Mr. R. Karim Mr. D. Barman Mrs. N. Saikia Ms. L. Borgohain for Respondent No.9 BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA HON'BLE MR. JUSTICE SOUMITRA SAIKIA 13-02-2020 (Ajai Lamba, CJ )
1. This judgment shall dispose of two writ appeals/intra-court appeals, one being Writ Appeal No.76 of 2019, titled Sri Asit Baran Paul Vs. State of Assam and 8 others , directed against the judgment dated 13.2.2019 rendered in Writ Petition (C) No.2706 of 2017, titled Geetashree Das Vs. State of Assam and others ; AND the other Writ Appeal No.55 of 2019, Page No.# 6/10 titled Sri Bijon Nath -Vs. - State of Assam and 8 others , rendered in Writ Petition (C) No.2983 of 2017, titled Purnendu Sekhar Debnath -Vs.- State of Assam and others.
Both the writ petitions above mentioned were disposed of vide common judgment dated 13.2.2019, which has been impugned in these two writ appeals.
It is evident that the appellants were private respondents in the two writ petitions mentioned above.
2. The issue that was brought up for adjudication before the Writ Court is that an advertisement was issued on 19.06.2016 for filling up posts of Principal of various Higher Secondary Schools. In the selection, the appellants/writ respondents were selected as first nominee, and appointed as Principal.
3. It is the admitted case that appellant Shri Asit Baran Paul had obtained MA Degree from Agartala Centre of Madurai Kamraja University. It is also an admitted fact that the aforesaid degree obtained by the appellant is from an Off Campus Study Centre (Tripura State) situated outside the State of Tamil Nadu.
4. Likewise, appellant Sri Bijon Nath was appointed as Principal, however, had passed MA Degree from Sam Higginbottom University Study Centre at Silchar (Assam). However, the University for the said Study Centre was located at Allahabad, Uttar Pradesh.
5. The respondents/writ petitioners raised a plea that a person who has obtained degree from such a Study Centre operating outside the State where University is located would not be a valid degree for the purposes of considering eligibility for the post of Principal.
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6. Learned Single Judge vide the impugned judgment held that the selection is liable to be interfered with on the ground that the incumbents/ the appellants before us do not possess valid post graduate degrees which is an essential requirement under the Rules.
Consequently, their appointments as Principal in the Schools in question were set aside and the respondents were given liberty to fill up the post from the panel of selected candidates in accordance with law.
7. For considering whether a Degree is recognized or not, it would be most appropriate to refer to the affidavit filed on behalf of University Grants Commission (for short 'UGC'). In both the petitions, the UGC brought out the facts, and the legal position that UGC has never at any point of time granted the above named Universities to open Study Centres outside the States where they were located.
8. For the purpose of exact reference, we extract hereinbelow paragraphs 8 and 9 of counter affidavit filed by Shri Amit Kumar Verma holding the post of Education Officer in University Grants Commissioner, Bahadur Shah Zafar Marg, New Delhi, on behalf of Respondent No.8. The said paragraphs read as under :
"8. That it is respectfully submitted that the basic issue that leading to the filing of the instant Writ Petition is that the Master Degree in Economics obtained by the Respondent No.4 (Sri Asit Baran Paul) from the Madurai Kamaraj University, Tamilnadu under distance mode from an off campus centre in Tripura is claimed to be invalid; thus, cannot be used for any purpose. This Hon'ble Court at this juncture, impleaded the University Grants Commission as a party Respondent and asked the University Grants Commission to clarify the aforesaid issue. The reply of the University Grants Commission in this point are as follows:-
A. Madurai Kamaraj University, Madurai Tamil Nadu is a State Page No.# 8/10 University; it can operate within its State only. The University is not authorized to open study centre/off campus centre beyond the territorial jurisdiction of the State. The University Grants Commission, after the judgment passed by the Hon'ble Supreme Court in Prof. Yash Pal case {reported in (2005) 5 SCC 420} has clarified the issue of territorial jurisdiction and opening of Study Centre from time to time. However, it is on records that the University Grants Commission and erstwhile Distance Education Council under the IGNOU has time and again issued various notification/directions in this regards.
B. Be it stated herein that the University Grants Commission has never, at any point of time, granted permission to the Madurai Kamaraj University, Madurai, Tamil Nadu to open any Study Centre and/or Off Campus Study Centre outside the State of Tamil Nadu.
Hence, it is categorically stated that the Respondent No.4, who has obtained the degree through an off campus centre, outside the state of Tamil Nadu, is not recognized by UGC.
C. Moreover, Madurai Kamaraj University cannot have examination Centre in Tripura or elsewhere except in Tamil Nadu. Therefore, appearing in the examination in Tripura which was held by the said University cannot be held good.
9. That the Answering Respondent on behalf of the University Grants Commission begs to state that it is not a case that the University Grants Commission had issued only one directives (i.e. on 27.06.2013) or for that matter Notice/Notification etc as regards functioning of the Universities which are imparting education in distance or open learning mode. It is utmost necessary at this point to make a mention of the Notification issued from time to time in this regards:-
i) The UGC policies on territorial Jurisdiction, study centres, off campus, etc. has been elaborated in various University Grants Commission's letters. The public notice dated 27.06.2013 was only reiteration of earlier policy of UGC on territorial jurisdiction of Page No.# 9/10 Universities. The UGC vide circular D.O. No. F.1-52/99 (CPP II) dated 09.08.2001 directed all universities as under:
"The universities can conduct courses through its own departments, its constituent college and/or through its affiliated institutions. There is, however, no provision for leaving it to private institutions for conducting course leading to award of its degrees. As per recent UGC guidelines, the universities are permitted to impart education and award its degrees through their own campus located elsewhere in the country or even at their own off shore campuses with the approval of the UGC.
Looking into the wide spread of franchising the university education through the private institutions, the UGC has decide that any university which proposed to enter into collaboration with any private institution, would be required to take prior approval of the UGC. The commission has also decided that no university should be permitted to go for off campus private educational franchise leading to the award of its degrees.
Accordingly, all the universities are being directed to stop franchising their degree education through private agencies/establishments with immediate effect.........".
9. On similar lines, reply was filed in the writ petition which is subject matter of Writ Appeal No.55 of 2019.
10. Considering the stand of the UGC to the effect that in terms of judgment rendered by Hon'ble Supreme Court of India in Prof. Yash Pal case, (2005) 5 SCC 420, the issue of territorial jurisdiction and opening study centre has been clarified by the UGC. UGC from time to time has issued various circulars and directions beginning 2001. The said UGC Page No.# 10/10 circular has been extracted in para-(9) (i) (above extracted), which demonstrates that not only the appellants were not eligible to compete for the post of Principal because they lacked the basic qualification, not having passed M.A./M.Sc. from UGC recognized University, but also the said circulars and notifications has been circulated repeatedly since 2001.
It stands demonstrated that the appellants in the two appeals obtained degrees from Study Centres located outside the States where the concerned Universities were located, hence, the said degrees cannot be said to have been issued by UGC recognized Universities.
11. Considering the stand of the UGC, as noticed above, we find no merit in these two appeals. The learned Single Judge has for the right reasons held that underlined essence and objective is to maintain a certain standard and level of teaching, examination and academic achievements of the student. A possible view has been taken by the learned Single Judge which does not deserve any interference in this intra-court appellate jurisdiction.
12. Accordingly, both the appeals are dismissed.
JUDGE CHIEF JUSTICE Comparing Assistant