Gauhati High Court
Page No.# 1/ vs The State Of Assam And Ors on 8 December, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/11
GAHC010240392025
2025:GAU-AS:16911
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/395/2025
MEHBUBUR RAHMAN CHOWDHURY AND ANR
S/O- SOFIQUR RAHMAN CHOWDHURY,ASSTT. HEADMASTER OF DABAKA
GIRLS HIGH SCHOOL,RESIDENT OF CHARING PATHER, P.O- CHARING, P.S-
MURAZAR, DIST- HOJAI, ASSAM-782439.
2: SRI BRITHASPATI BISWAS
S/O- LATE KHITISH BISWAS
ASSTT. HEADMASTER AUROBINDO BIDYA NIKETAN HIGH SCHOOL
RESIDENT OF VILL- MITHAM BENGALI LOKD COLLEGE ROAD P.O- AND
PS- DHEKIAJULI
DIST- SONITPUR
ASSAM-784110
VERSUS
THE STATE OF ASSAM AND ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT,
DISPUR, GUWAHATI-06.
2:THE DIRECTOR
SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE UNIVERSITY GRANTS COMMISSION
BAHADURSHAH
JAFAR MARG
NEW DELHI-110002.
4:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
NCTE
HANS BHAWAN WING-II
Page No.# 2/11
BAHADURSHAH ZAFAR MARG
NEW DELHI-110002.
5:THE CMJ UNIVERSITY
JORABAT
RI-BHOI
MEGHALAYA-793101.REPRESENTED BY THE DEPUTY REGISTRA
Advocate for the Petitioner : SHEIKH ABDULLAH, MR. A R BHUYAN
Advocate for the Respondent : , SC. N.C.T.ED
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 08-12-2025 (N. Unni Krishnan Nair, J) Heard Mr. A.R. Bhuyan, learned counsel for the appellants. Also heard Ms. R. Baruah, learned counsel appearing for the respondent Nos. 1 & 2.
2. In view of the nature of the order being passed today, notice upon the respondent Nos. 3 and 4 is not deemed necessary.
3. The appellants by way of instituting the present intra-court appeal have assailed the judgment and order dated 15-09-2025, passed by the learned Single Judge in W.P.(C) No. 3899/2023.
4. The appellants, herein, who were appointed as Graduate Teachers, understanding the necessity of acquiring a B.Ed. qualification, for the purpose of their career advancement, proceeded to enroll themselves for pursuing a B.Ed. course, as in-campus students at CMJ University, Meghalaya. The appellants on completion of the course of study, came to be conferred with their respective B.Ed. degrees by the University in the year 2011 and 2012 Page No.# 3/11 respectively.
The NCTE authorities in response to a query raised by the Secondary Education Department, Government of Assam, clarified vide communication dated 27.05.2019 that the CJM University was not recognized by the Eastern Regional Committee, NCTE for B.Ed. programme. Accordingly, the Government of Assam in the Secondary Education Department arrived at a decision that the B.Ed. degree obtained from the CMJ University would not be recognized as a valid qualification for the purpose of Employment and promotion.
The B.Ed. degree obtained by the appellants from CMJ University, now being held to be not valid for the purpose of consideration of their cases for promotion to the cadre of Headmaster, the appellants along with 5(five) others, instituted WP(C) No. 3899/2023, assailing the decisions on the part of the authorities to treat the B.Ed. degree obtained from CMJ University to be not valid.
The learned Single Judge by noticing the binding precedents available on the issue proceeded vide Judgment and Order dated 15.09.2025 to dismiss W.P.(C) No. 3899/2023.
Being aggrieved, 02 (two) writ petitioners involved in the proceeding of W.P.(C) No. 3899/2023, have instituted the present appeal.
5. Mr. A.R. Bhuyan, learned counsel for the appellants, at the outset has submitted that the B.Ed. degree as pursued by the appellants being so pursued from the CMJ University, a deemed University under Section 3 of the UGC Act, their B.Ed. degree is valid and a contrary view, thereon, was not permissible to be taken by the NCTE, as well as the Govt. of Assam in the Secondary Education Department. Mr. Bhuyan has further submitted that the B.Ed. degree acquired by the appellants from the CMJ University has not been nullified by any Page No.# 4/11 authority and accordingly, the appellants would be entitled to all the benefits flowing, there- from, including consideration of their respective cases for promotion to the post of Head Master.
6. Mr. Bhuyan by referring to the provision of the NCTE Act, 1993 has submitted that the jurisdiction of the NCTE authorities only extends to an institution offering courses or training in Teachers Education and such jurisdiction cannot be held to also be permissible to be exercised in respect of a University defined under Clause (f) of Section 2 of the University Grants Commission Act, 1956 (in short the UGC Act), including an institution deemed to be a University under Section 3 of the UGC Act. He submits that the CMJ University is a deemed University and accordingly, it is empowered under the provision of the UGC Act to offer various courses of study and confer degrees/ diplomas upon the students pursuing such courses offered by it. He submits that the degree/ diploma as conferred by CMJ University, for its validity would not require further approval from any authority. He further submits that the degree/ diploma conferred by CMJ University has to be held to be valid for the purpose of employment and also for further higher courses of study in other Universities. He submits that the plea of invalidity of the B.Ed. degree acquired by the appellants on the ground that the B.Ed. courses offered by the CMJ University did not have the recognition/ approval of the NCTE authorities would tantamount to interfering with the autonomy conferred upon the Universities defined under Clause (f) of Section 2 of the UGC Act of 1956, also upon a institution deemed to be University under Section 3 of the said Act. Accordingly, he submits that the B.Ed. degree having been acquired by the appellants after pursuing a course of study as in-campus students, from the CMJ University, a deemed university, the said degree cannot be held to be an invalid one, by any authority. In support of his submission, Mr. Bhuyan has Page No.# 5/11 placed reliance on the decision of the Hon'ble Supreme Court in the case of Basic Education Board, U.P. Vs. Upendra Rai & Ors., reported in (2008) 3 SCC 432.
7. In the above premises, Mr. Bhuyan has prayed before this Court to declare that the B.Ed. degree acquired by the appellants from the CMJ University to be a valid one for the purpose of considering the case of the appellants for promotion to the rank of Head Master.
8. Per contra, Ms. R. Baruah, learned counsel for the respondent Nos. 1 and 2 has submitted that the B.Ed. degree as obtained by the appellants from the CMJ University cannot be held to be valid inasmuch as the B.Ed. course offered by the CMJ University was not approved by the NCTE. She submits that the issue arising in the present writ appeal was examined by the learned Single Judge in the case of Mukta Ram Deka & Ors. Vs. State of Assam & Ors. reported in 2013(4) GLT 528 and therein the learned Single Judge had held that the B.Ed. degree obtained from the CMJ University was not valid, as the University had not obtained approval of the NCTE authorities for offering the said course. She submits that the said decision has attained its finality in absence of a challenge to the same. She has further placed reliance on the decision of the coordinate Bench of this Court in the case of Gobin Sarmah Vs. State of Assam & Ors. [W.A. No. 122/2024 dated 20-03-2025] and has contended that the issue arising in the present proceeding has already been laid to rest in the said case, which decision she contends would also squarely cover the issues arising in the present appeal.
9. We have heard the learned counsel for the parties and also perused the materials available on record. The facts as noticed, hereinabove, are not in dispute.
10. The promotion to the post of Headmaster in a provincialised high school is governed Page No.# 6/11 by the provisions of Rule 14 of the Assam Secondary Education (Provincialised Schools) Rules, 2018 (in short, the Rules of 2018). In terms of the provisions of Rule 14(2) of the said Rules of 2018, a candidate to be eligible for being considered for promotion to the post of Headmaster must be a Graduate with B.T./B.Ed. Degree from any recognized University, in addition to fulfilling the other required eligibility criterias. The appellants have admittedly obtained their B.Ed. degree from CMJ University and it is to be examined as to whether such degree is a valid one in terms of the provisions of Rule 14 of the said Rules of 2018.
11. The said issue is no longer res integra and has been examined by a learned Single Judge of this Court in the case of Mukta Ram Deka (Supra) and it was held that the B.Ed. degree obtained from the CMJ University was not valid inasmuch as the University had not obtained approval for offering B.Ed. course from the NCTE. The learned Single Judge, in the said case, had further required the State authorities to ensure that no benefit is enjoyed by anyone on the strength of an invalid B.Ed. Degree secured from the institutes which are not approved by the NCTE. The conclusions as reached by this Court in the case of Mukta Ram Deka (Supra), in this connection being relevant is extracted here-in-below:
"(13) On consideration of all the above and particularly the decision of the Apex Court in National Council for Teacher Education (supra) and the O.M. dated 9.7.2012 of the Government of Assam and having noted that for imparting B.Ed. degree by the Bharatiya Siksha Parishad, U.P., C.M.J. University, Meghalaya, Naba Bharat Shiksha Parishad, Orissa, prior approval was not accorded by the NCTE to impart teachers education, I am of the view that the B.Ed. Degree awarded by these institutions are not legally valid. Therefore, the B.Ed Degree holders from such unapproved institutions can't claim appointment, promotion or higher pay. It is declared accordingly....
(14) Consequently having declared that the B.Ed Degree obtained from Bharatiya Siksha Parishad, U.P., C.M.J. University, Meghalaya, Naba Bharat Shiksha Parishad, Orissa etc. which are unapproved by NCTE to be invalid in the eye of law, the State is directed to take appropriate steps for ensuring that no benefit is enjoyed by anyone on the strength of the invalid B.Ed. Degree secured from Institutions which are not approved by the NCTE. Interim orders in these cases will be abide by the Page No.# 7/11 declaration made in this order."
12. The Division Bench of this Court had in the case of Gobin Sarmah (Supra) had again examined the issue as to whether the B.Ed. degree acquired by pursuing a course from the CMJ University, can be held to be valid. Upon examination of the said issue, the coordinate Bench of this Court had drawn the following conclusions:-
"9. On perusal of sub-Rule (2) of Rule 14 of the Rules of 2018, it appears that a candidate to be eligible for being considered for promotion to the post of Headmaster must be a Graduate with B.T./B.Ed. degree from any recognized university in addition to fulfilling the other required eligibility criteria. In the present case, the petitioner has admittedly obtained his B.Ed. degree from CMJ University. The question that falls for determination is whether the B.Ed. degree obtained from the CMJ University can be said to be from a recognized University or not.
10. Apt that by Amendment Act 18 of 2011, sub-Section 12A was inserted in the National Council for Teacher Education Act, 1993 (hereinafter referred to as the 'NCTE Act, 1993'), which came into force on 01.06.2012, which is reproduced hereunder for ready reference:-
"12A. Power of Council to determine minimum standards of education of school teachers.- For the purpose of maintaining standards of education in schools, the Council may, by regulations, determine the qualifications of persons for being recruited as teachers in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate school or college, by whatever name called, established, run, aided or recognised by the Central Government or a State Government or a local or other authority:
Provided that nothing in this section shall adversely affect the continuance of any person recruited in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate schools or colleges, under any rule, regulation or order made by the Central Government, a State Government, a local or other authority, immediately before the commencement of the National Council for Teacher Education (Amendment) Act, 2011 solely on the ground of non-fulfilment of such qualifications as may be specified by the Council:
Provided further that the minimum qualifications of a teacher referred to in the first proviso shall be acquired within the period specified in this Act or under the Right of Children to Free and Compulsory Education Act, 2009. (35 of 2009)".
11. It appears that the Council is empowered to determine the minimum standards of education of school teachers. It further appears that 'Council' is defined under sub-Section(c) of Section 2 as the 'National Council for Teacher Education' Page No.# 8/11 (hereinafter referred to as the 'NCTE') established under sub-Section (1) of Section 3. It is thus apparent that unless the B.Ed. degree obtained from a university is approved by the NCTE, the same shall not be valid. Reference in this regard is also made to the decision of this Court in the case of Mukta Ram Deka & ors. Vs. State of Assam & ors., reported in 2013 (4) GLT 528, wherein this Court has held that the B.Ed. degree obtained from the CMJ University was not valid as the same did not have the approval by the NCTE. Pertinent that the aforesaid judgment was decided on 24.05.2013, i.e., after the insertion of Section 12A by Amendment Act 18 of 2011. Paragraph Nos. 12 and 13 of the aforesaid judgment are reproduced hereunder for ready reference:-
12. On consideration of all the above and particularly the decision of the Apex Court in National Council For Teacher Education (supra) and the O.M. dated 9.7.2012 of the Government of Assam and having noted that for imparting B.Ed. degree by the Bharatiya Siksha Parishad, U.P., C.M.J. University, Meghalaya, Naba Bharat Shiksha Parishad, Orissa, prior approval was not accorded by the NCTE to impart teachers education, I am of the view that the B.Ed. Degree awarded by these institutions are not legally valid. Therefore the B.Ed. Degree holders from such unapproved institutions can't claim appointment, promotion or higher pay. It is declared accordingly. But in so far as the relevance of a legally valid B.Ed. Degree for the purpose of appointment/advance increment/promotion etc., since the issue is being examined by the Division Bench in the Review Petition 21/2013, this Court doesn't make any order on that aspect of the matter.
13. Consequently having declared that the B.Ed. Degree obtained from Bharatiya Siksha Parishad, U.P., C.M.J. University, Meghalaya, Naba Bharat Shiksha Parishad, Orissa etc. which are unapproved by NCTE to be invalid in the eye of law, the State is directed to take appropriate steps for ensuring that no benefit is enjoyed by anyone on the strength of the invalid B.Ed. Degree secured from Intuitions which are not approved by the NCTE. Interim orders in these cases will abide by the declaration made in this order. Cases are disposed of with the aforesaid direction without any order on cost."
12. On a reading of the aforesaid judgment it becomes apparent that unless NCTE approves the B.Ed. degree awarded by CMJ University, the said degree is not valid. It is further apparent from the said judgment that NCTE has not approved the CMJ University to impart teacher's education. Hence B.Ed. degree obtained from CJM University cannot be said to be from a recognized University. Resultantly, B.Ed. degree obtained from CJM University is not valid."
13. The NCTE in terms of the power conferred by Sub-Section (2) of Section 32 of the NCTE Act 1993 had framed regulations from time to time. The appellants, herein, having acquired the B.Ed. degree during the year 2011-12, it would be provisions of the National Council for Teacher Education (Recognition Norms and Procedure) Regulation, 2009 that Page No.# 9/11 would be applicable. The regulation 4 thereof being relevant is extracted, here-in-below:-
"4. Eligibility.-
The following categories of institutions are eligible for consideration of their applications under these Regulations:-
(1) Institutions established by or under the authority of Central or State Government or Union Territory Administration;
(2) Institutions financed by Central or State Government or Union Territory Administration.
(3) All universities, including institutions deemed to be universities, so recognised or declared, as the case may be, under the University Grants Commission Act, 1956.
(4) Self financed educational institutions established and operated by 'not for profit' Societies and Trusts registered under the appropriate laws."
A perusal of the provisions of the Regulation-4 would bring to the forefront that the Universities including the institutions deemed to be universities under the provision of UGC Act, 1956, are held to be eligible for consideration of their applications under the regulations, by the concerned Regional Committees of the NCTE for the purpose of offering a teacher education programme. Accordingly, for the purpose of the NCTE Act, the Universities and/ or deemed Universities would be covered by the definition of the term 'institution' as finding mention in the provision of Section 2(e) of the NCTE Act, 1993.
14. Section 2(e) of the NCTE Act, 1993 defines 'institution' as follows:-
"Institution: means an institution which offers courses or training in teacher education."
Accordingly, CMJ University for offering courses in Teachers Education, including a B.Ed. course must receive approval for the same from the NCTE.
15. NCTE is a statutory body created to ensure planned and coordinated development of teacher education and to regulate standards of training of teachers, including minimum Page No.# 10/11 qualifications for school teaching posts. Under the Recognition Norms and Procedure Regulations, no institution can legally start or run a B.Ed. course without prior recognition from NCTE. NCTE approval is not merely a formality but a mechanism to enforce minimum standards in curriculum, faculty strength and qualifications, infrastructure, duration of training, practice teaching and internship components of B.Ed. programmes. These norms aim to secure uniform national standards in teacher preparation, so that a B.Ed. degree from any approved university carries comparable academic and professional value and ensures that the holder has undergone adequate pedagogical and practical training. In the absence of NCTE recognition, there is no regulatory assurance that the programme has met these minimum standards; this undermines both the credibility of the degree and the competence expectations attached to the role of a trained teacher. Accordingly, a "B.Ed. degree" in the eye of law means a Bachelor of Education awarded in respect of a course conducted in conformity with NCTE norms and with valid NCTE recognition. In the absence of NCTE recognition, there is no regulatory assurance that the programme has met these minimum standards; which undermines both the credibility of the degree and the competence expectations attached to the role of a trained teacher.
16. Having drawn the above conclusions, this Court would examine the decision of the Hon'ble Supreme Court in the case of Basic Education Board (Supra) relied upon by the learned counsel for the respondents in support of his submission. We find that the said decision was considered by a coordinate Bench of this Court in the case of Gobin Sarmah (Supra) and had drawn the following conclusions:
"14. Pertinent that the decision of the Apex Court in the case of Basic Education Page No.# 11/11 Board, U.P. (supra) relied by the learned counsel appearing for the appellant/writ petitioner having been decided prior to the insertion of Section 12A in the Rules of 2018, the said judgment is not applicable to the facts and circumstances of the instant case."
17. Having considered the decision of the Hon'ble Supreme Court in the case of the Basic Education Board (Supra), we are in respectful agreement with the conclusion drawn by the Co-ordinate Bench in the matter. Accordingly, the decision of the Hon'ble Supreme Court in the case of Basic Education Board (Supra) in our considered view would not advance the case of the appellants, herein.
18. In view of the above discussions, we are of the considered view that the B.Ed. degree conferred upon the appellants by the CMJ University cannot be held to be a degree obtained from a recognized University for the purpose of consideration of their cases for promotion to the cadre of Head Master in terms of the provisions of Rule 14 of the Assam Secondary Education (Provincialised Schools) Rules, 2018.
19. Taking into consideration the overall facts and circumstances of the case, we do not find any case for interference with the impugned impugned judgment and order dated 15-09- 2025 passed by the learned Single Judge in W.P.(C) No. 3899/2023. Hence, the appeal stands dismissed. However, there would be no order as to cost.
JUDGE JUDGE Comparing Assistant