Gauhati High Court
Asit Baran Paul vs The State Of Assam And 6 Ors on 27 February, 2020
Equivalent citations: AIRONLINE 2020 GAU 557
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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GAHC010135562017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4443/2017
1:ASIT BARAN PAUL
S/O. LT. AMULYA BHUSAN PAUL, MA., E.ED, REGULAR PRINCIPAL OF
BHIKAMCHAND BALIKA VIDYANIKETAN HS SCHOOL, KARIMGANJ, VILL.
CHARBAZAR, P.O., P.S. and IDST. KARIMGANJ, ASSAM, PIN-788711.
VERSUS
1:THE STATE OF ASSAM and 6 ORS.
REP. BY THE COMM. and SECY., TO THE GOVT. OF ASSAM, DEPTT. OF
SECONDARY EDUCATION, DISPUR, GHY., ASSAM, PIN-781006.
2:THE DIRECTOR
SECONDARY EDUCATION
CUM MEMBER SECRETARY
STATE SELECTION BOARD
ASSAM
KAHILIPARA
GHY.
ASSAM
PIN-781019.
3:THE INSPECTOR OF SCHOOLS
CDC
SILCHAR
P.O. and DIST. CACHAR
ASSAM.
4:THE NATIONAL COUNCIL
FOR TEACHER EDUCATION
EASTERN REGIONAL COMMITTEE
REP. BY ITS REGIONAL DIRECTOR
15 NILAKANTHA NAGAR
NAYAPALLI
BHUBANESWAR
Page No.# 2/9
ORISSA
PIN-751012.
5:THE ASSAM UNIVERSITY
SILCHAR
REP. BY ITS REGISTRAR/CONTROLLER OF EXAMINATION
SILCHAR
CACHAR
ASSAM
PIN-788014.
6:THE VIVEKANANDA COLLEGE OF EDUCATION
KARIMGANJ
REP. BY ITS PRINCIPAL
DIST. KARIMGANJ
ASSAM
PIN-788710.
7:SRI PURNENDU SEKHAR DEBNATH
S/O. LT. BENOD BEHARI DEBNATH
SUBJECT TEACHER
BENGALI BHIKAMCHAND BALIKA VIDYANIKETAN HS SCHOOL
KARIMGANJ VILL. CHARBAZAR
P.O. P.S. and DIST. KARIMGANJ
ASSAM PIN-788711
Advocate for the Petitioner : MR.B ZAMAN
Advocate for the Respondent : MRS.N SAIKIA
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
27.02.2020 Heard Mr. B. Purkayastha, learned counsel for the petitioner and C. Bhattacharjee, learned Standing counsel, Secondary Education Department for respondent Nos. 1 to 3. Also heard Mr. I. Alam, learned counsel for the respondent NCTE, Mr. S.C. Keyal for the respondent Assam University, Mr. S.K. Ghosh, learned counsel for respondent Vivekananda College of Education, Karimganj, Ms. N. Saikia, learned counsel for respondent No. 7.
2) Bhikamchand Balika Vindyaniketan Higher Secondary School, Karimganj (in short, BBV HS School, Karimganj) is a provincialised Higher Secondary School of the State.
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3) Petitioner is the regular Principal in said BBV HS School, Karimganj whereas the respondent No. 7 is a Subject Teacher in that school.
4) The legitimacy of the B.Ed. certificate dated 08.03.1997 issued to the respondent No. 7, Purnendu Sekhar Debnath is questioned by the petitioner on the ground that said certificate of 1997 issued by the Vivekananda College of Education, Karimganj, respondent No. 6 (VCE, Karimganj, in short) cannot have any legal implication and the B.Ed. course for said VCE, Karimganj, was recognised by the National Council for Teacher Education, respondent No. 4 (NCTE, in short) only on 1/13.03.2001.
5) The petitioner being the Principal of BBV HS School, Karimganj, on 31.05.2017 submitted a detailed report before the Director of Secondary Education, Assam, respondent No. 2 (DSE, in short) pertaining to fixation of salary, B.Ed. advance increment of the respondent No.7 on account of procurement of B.Ed. Degree w.e.f., 1997, along with the B.Ed. certificate issued by the Assam University, Silchar, respondent No. 5 in favour of the respondent No. 7 from the VCE, Karimganj in the year 1996 bearing Roll 'N' No.432 and the NCTE recognition order dated 13.02.2001 and 20.05.2015.
6) The petitioner submitted that the B.Ed. Degree certificate procured by the respondent No.7 from said VCE, Karimganj is not a valid B.Ed. Degree certificate and that the respondent No.7 is not entitled to any service benefit on the basis of said B.Ed. certificate and as such all such benefits granted to the respondent No.7 for the said B.Ed. Degree should be withdrawn.
7) Relying on the decision of this Hon'ble Court in the case of Mukta Ram Deka and other Vs. State of Assam and others, reported in 2013 (4) GLT 528, the petitioner submitted that no one is legally entitled to any benefit on the basis of an invalid B.Ed. Degree certificate.
8) As the respondent DSE did not take any decision on his detailed report dated 31.05.2017, the petitioner preferred this writ petition praying amongst others for a direction to the respondents to withdrawn all the service benefit granted to the respondent No. 7 on the basis of his said B.Ed. certificate (Annexure-9) and to declare the said B.Ed. Certificate of the respondent No.7 an invalid certificate regarding granting of any such service benefit to Page No.# 4/9 him and further, to direct the respondent NCTE to direct the DSE, Assam not to allow and grant any benefit to the respondent No.7 on the basis of his said B.Ed. certificate.
9) The respondent No. 7 filed his affidavit in the matter stating that the petitioner obtained his MA Degree from Madurai Kamraj University which is not a valid degree in the eye of law as per the decision of the Hon'ble Supreme Court, since the said University cannot extend its operation beyond the State of Tamil Nadu. In that regard the respondent No. 7 placed communication dated 31.07.2017 of the University Grants Commission (UGC, in short) wherein it is clearly mentioned that the said Madurai Kamraj University, Madurai, Tamilnadu being a State University, it can operate within its State only and the said University is not authorized to open study centre/off campus centre beyond the territorial jurisdiction of the State as per the judgment of the Hon'ble Supreme Court in the case of Professor Yashpal Vs. State of Chhattisgarh [reported in (2005) 5 SCC 420]. The respondent No. 7 also placed before the Court that the information given in the University website does not specify that said Madurai Kamraj University can operate outside the State of Tamil Nadu and therefore, the Master Degree obtained by the petitioner from the said University itself is not valid and lawful. The respondent No. 7 stated that the petitioner obtained his MA Degree held in November, 2013 and the result was published on 13.02.2014 and the same is in violation of the UGC norms and the order of the Hon'ble Supreme Court.
10) With regard to his B.Ed. certificate from VCE, Karimganj, the respondent No. 7 submitted that the NCTE Act 1993 came into force w.e.f. 01.07.1995 and the admission taken prior to 01.07.1995 will not be invalid or illegal and the said VCE, Karimganj was recognized by the NCTE on 26.03.1998 and that prior recognition of the NCTE to start a B.Ed. class was not mandatory prior to 01.07.1995. He also stated that the said B.Ed. College applied for recognition of NCTE after getting the affiliation from the Assam University, Silchar in terms of the communication dated 31.05.1997 of the Silchar University.
11) The respondent No. 7 stated that he took admission for B.Ed. course on 22.06.1995 at VCE, Karimganj under Assam University, Silchar as a regular student in the night shift of college and that the said B.Ed. College of Education is neither an off campus nor a banned institution like Bharatiya Siksha Parishad or Nava Bharat Shiksha Parishad etc., not having recognition of the NCTE before 01.07.1995. He also stated that he appeared in the B.Ed.
Page No.# 5/9 examination held in 1995-96 and pointed out that newly appointed Principals of Bipin Paul Vidya Niketan as well as S.V. Vidyaniketan, Nilambazar, Karimganj have also passed their B.Ed. Degree from VCE, Karimganj prior to 2001.
12) The respondent No. 6 Principal of Vivekananda College of Education, Karimganj in his affidavit submitted that it was established with the approval of a Central University namely, Assam University and the students who passed B.Ed. examination for the Session 1995-96 conducted by the Assam University is a valid one and as the respondent No. 7 was admitted in the B.Ed. course in that college on 22.06.1995 prior to the NCTE Act came into force on 01.07.1995, said provision of NCTE Act is not applicable to the said respondent No.
7.
13) The respondent No.5, Assam University in its affidavit submitted that said Vivekananda College of Education, Karimganj was operational w.e.f. 01.07.1995 and it also applied for recognition under the NCTE Act, 1993 and that said NCTE Act, 1993 prescribes that until the disposal of application, such institutes are entitled to continue with B.Ed. Course and moreover, the authorities of the NCTE never refused the recognition of said Vivekananda College of Education, Karimganj. The respondent No.5 also submitted that it being a Central University constituted under the Act No. 13 of 1989 and formally established on 21.04.1994 is governed by its Act, Statutes, Ordinances and Regulations and the NCTE Act has no application at the time of inception of said University.
14) The respondent No. 4, NCTE in its affidavit specifically stated that the B.Ed. Degree from said Vivekananda College of Education, Karimganj obtained prior to 13.03.2001 is not a valid degree as the NCTE Eastern Regional Committee granted its recognition to the said Vivekananda College of Education, Karimganj, Assam by an order No. ERC/7-17/2001/529 (6) dated 13.03.2001 for starting B.Ed. Course of one year duration from the Academic Session 2001-2002 only, whereas the respondent No. 7 was admitted in the year 1996 in that College of Education to complete B.Ed. degree and the Assam University issued the certificate to the respondent No. 7 on 08.03.1997 prior to the recognition of the NCTE. The respondent NCTE in its affidavit therefore, stated that the B.Ed. Degree certificate of the respondent No. 7 cannot be considered to be a valid B.Ed. Degree.
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15) During pendency of the case, respondent No. 7 placed before the Court (i) communication of the NCTE No. F.8-1/96-97/NCTE dated 29.07.1997 written to the Assam University, (ii) copy of the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006 published in the Gazette of India on 11.09.2006 and (iii) two photocopies of certificates issued by NCTE to show that Vivekananda College of Education, Assam is a duly recognised institution by NCTE.
16) It is well settled for granting recognition of an institution imparting teacher education, the NCTE is the sole authority, having been established under a statute passed by the Parliament, namely, the NCTE Act, 1993 that came into force with effect from 17.08.1995. As per the provisions of said 1993 Act it is mandatory for all teachers training institutions to obtain recognition from the NCTE, which have four Regional Committees.
17) From the reading of the said communication of the NCTE dated 29.07.1997, it can be seen that the NCTE informed Assam University that as per the provisions of Section 14 of the NCTE Act, 1993 every institution offering a course or training in teacher education before the appointed day, i.e. 17.08.1995 has to apply for recognition to the concerned Regional Committee of the NCTE within a period of 6 months from that date. The provisions of said 2003 Act are applicable to all colleges and departments of education in all the Universities offering B.Ed. and other teacher education courses. It is mandatory for all teacher training Institutions to obtain recognition from the NCTE. In order to provide a fresh opportunity for non-applying colleges and departments of education, the last date for receipt of applications by the four Regional Committees was extended up to 18.08.1997.
18) The said communication of the NCTE dated 29.07.1997 clarified that as part Section 16 of the NCTE Act 1993 after 17.08.1995 no examining body can grant affiliation, provisional or otherwise to any institution or hold examination whether provisional or otherwise for a course or training conducted by an Institution unless the Institution concerned has obtained recognition/permission from the Regional Committee concerned under the provisions of Sections 14 or 15 of said 2003 Act. The said communication also stated that as par Section 17 of the NCTE, 1993 qualification in teacher education obtained pursuant to a course or training from Institutions which fail neglect to obtain recognition/permission under the Act shall not be treated as a valid qualification for the purposes of employment under the Central Page No.# 7/9 Government, any State Government or University or in any school, college or other educational body aided by the Central Government or any State Government.
19) Further, by the said communication dated 29.07.1997 the NCTE informed the Assam University that the Universities cannot grant affiliation to a college offering B.Ed. etc. courses and cannot hold examinations for a course or training, offered by an Institution unless the Institution concerned has secured recognition from the NCTE and the students pursuing courses in such un-recognised Institutions will suffer serious adverse consequences in the matter of securing employment. Considering the above position finding that there is an urgent necessity for all colleges and University Departments of Education offering B.Ed. and other teacher training courses to apply the concerned Regional Committee of the NCTE for recognition, by the said communication dated 29.07.1997 the NCTE requested the Assam University two issued necessary instructions to all colleges afflicted under the said University and offering teacher training courses as well as its Department of Education to immediately apply for recognition well before the last date 18.08.1997.
20) From the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006 placed by the respondent No. 7 it can be seen that by the said Ordinance, NCTE granted some time to the Institutions to make their applications to the Revisional Committee concerned in the prescribed format and within the stipulated period, categorically holding that any order of granting recognition to such Institutions on their such applications shall be deemed to be effective from the date of grant of affiliation to it or holding of examination for a course or training conducted by it for the first time whichever is earlier. The said Ordinance also specified that where an Institution offering a course or training in teacher education before the specified date was refused recognition under the provisions of said 2003 Act and failed to prefer an appeal as provided in the said Act but an examining body granted affiliation to and held examination for a course or training conducted by such Institution or such examination was due before the specified date such Institution may prefer an appeal to the Council within a period of 60 days from the specified date.
21) From the certificates of the NCTE placed before the Court by the respondent No. 7 to establish that said Vivekananda College of Education is recognised by NCTE, clearly reflect that both the certificates mentioned that the concerned candidate passed out Bachelor of Page No.# 8/9 Education (B.Ed.) Degree course from Vivekananda College of Education, Assam, the duly recognised Institution by Eastern Regional Committee, NCTE for session 1997-98.
22) But from the B.Ed. Degree pass certificate issued to the respondent No. 7 by the Assam University on 08.03.1997, Annexure-9 the Writ Petition goes to show that said respondent No. 7 of Vivekananda College of Education was admitted to the degree of Bachelor of Education in the year 1996 and the respondents Assam University, authorities of said Vivekananda College of Education, Karimganj and the respondent No. 7 failed to place anything before the Court as to when by which communication said Vivekananda College of Education, Karimganj applied for its recognition from the NCTE and as to when and by which order/communication the NCTE granted recognition to said College of Education, prior to the communication of the NCTE dated 13.03.2001.
23) The respondents Assam University, the Vivekananda College of Education, Karimganj and the respondent No. 7 have also failed to establish that the said B.Ed. Degree conferred by the Assam University to respondent No. 7 on 08.03.1997 was approved and recognised by the NCTE to be a valid B.Ed. Degree or not.
24) The NCTE in its affidavit filed on 18.03 2019 categorically stated that stated that the B.Ed. Degree from said Vivekananda College of Education, Karimganj obtained prior to 13.03.2001 is not a valid degree as the NCTE Eastern Regional Committee granted its recognition to the said Vivekananda College of Education, Karimganj, Assam by an order No. ERC/7-17/2001/529 (6) dated 13.03.2001 for starting B.Ed. Course of one year duration from the Academic Session 2001-2002 only and that the respondent No. 7 was admitted in the year 1996 in that College of Education to complete B.Ed. degree and the Assam University issued the certificate to the respondent No. 7 on 08.03.1997 prior to the recognition of the NCTE and that the B.Ed. Degree certificate of the respondent No. 7 cannot be considered to be a valid B.Ed. Degree.
25) This clarification of the respondent NCTE has not been rebutted by the other respondents.
26) For the reasons above, this Court found that the B.Ed. Degree certificate of the respondent No. 7 dated 08.03.1997 issued by the Assam University that was issued after the Page No.# 9/9 appointed day 17.08.1995, is not a valid B.Ed. Degree.
27) The respondents in the Secondary Education Department of Assam and the NCTE shall do the needful accordingly.
28) With regard to the allegations made in his affidavit by the respondent No.7 about the Master Degree obtained by the petitioner from the Madurai Kamraj University, it is duty of the employers to verify the genuineness, legality and the validity of the degrees of its employees on the basis of which they either being appointed or promoted and granted financial benefits and/or upgradation. If any such candidate/employee on the basis of such invalid, fake certificate of Degrees obtained any such appointment promotion, financial benefit, it is always open to the employer to take necessary actions against such employee as per the provisions of law which are well settled.
29) Copies of communication of the NCTE No. F.8-1/96-97/NCTE dated 29.07.1997 written to the Assam University, the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006 and certificates issued by NCTE to show that Vivekananda College of Education, Assam is a duly recognised institution by NCTE, noted above, placed by respondent No. 7 be kept as a part of the records.
30) With the above observation this writ petition stands allowed, to the extent above.
JUDGE Comparing Assistant