Gauhati High Court
Manabendra Narayan Sarma vs The State Of Assam And 3 Ors on 4 February, 2019
Author: Manojit Bhuyan
Bench: Manojit Bhuyan
Page No.# 1/3
GAHC010283242018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 8874/2018
1:MANABENDRA NARAYAN SARMA
S/O- SRI JOGENDRA NARAYAN SARMA, VILL- BALOWA, P.S- BELSOR,
DIST- NALBARI, PIN- 781310
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
SECONDARY EDUCATION DEPTT, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR SECONDARY EDUCATION
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- 11000
Advocate for the Petitioner : MR. R C SAIKIA
Advocate for the Respondent : SC, SEC. EDU.
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BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
Date : 04-02-2019 Heard Mr. R. C. Saikia, learned senior counsel for the petitioner as well as Mr. N. Sarma, learned counsel representing respondent nos. 1 and 2 and Mr. A. Chamuah, learned counsel appears for respondent no. 4.
Having regard to the facts in issue and as agreed to by the counsel for the parties, this writ petition is taken up for final disposal at the motion stage itself.
According to the petitioner, the hurdle in his appointment as a regular Headmaster is the non- recognition of the B. Ed. Degree obtained from CMJ University in the State of Meghalaya in the year 2012. Therefore, prayer made in the writ petition is for direction to the respondents to concur recognition to the said B.Ed Degree. It is also submitted that the issue raised in the present writ petition is covered by judgment and order passed by this Court on 28.03.2018 in WP(C) 782/2016, which was decided along with another writ petition i.e. WP(C) 7548/2016. This Court having regard to the prayer made in the two writ petitions had directed filing of common representation by the petitioners therein raising all the issues to justify the acceptance of the B. Ed. Degree obtained from the CMJ University. This Court also directed that on such representation being filed, the Commissioner & Secretary to the Government of Assam in the Secondary Education Department shall give due consideration to the same by referring and relying upon all the provisions of law as it stands today. Further direction was made that the Commissioner & Secretary shall also make enquiry from the appropriate authorities within the department and if necessary from the UGC as regards the validity and acceptance of such B. Ed. Degree offered by the CMJ University. Lastly, the Commissioner & Secretary shall also give consideration as to how the petitioners therein obtained their B. Ed. Degree from the CMJ University while they were still in service.
Having regard to the above, this writ petition stands disposed of permitting the petitioner to make a fresh representation to the Commissioner & Secretary to the Government of Assam in the Secondary Education Department, who shall give due consideration to the said representation in terms of the observations made above. Petitioner is also granted liberty to Page No.# 3/3 bring to the notice of the Commissioner & Secretary any other material that may be relevant to the issue in hand.
JUDGE Comparing Assistant