GUWAHATI, India, Oct. 15 -- Gauhati High Court issued the following order on Sept. 15:

1. Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Mr. B. Kaushik, learned standing counsel for the respondent Nos. 1 and 2; Mr. S. Deka, learned counsel for the respondent No. 3; and Mr. I. Alam, learned standing counsel for the respondent No. 4. None appears for the respondent No. 5.

2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities for setting aside and quashing the letter dated 01.06.2023 (Annexure-13) as regards preparation of the gradation list of eligible teachers in respect of the petitioners' districts as well as schools; for setting aside and quashing the order dated 27.05.2019, and/or all such communications issued by the National Council for Teacher Education (NCTE) exercising its jurisdiction over CMJ University, Meghalaya; and further to direct the respondents authorities, more particularly the respondent Nos. 1, 2 and 3 to extend all benefits and promotion to the petitioners by promoting them as Headmaster in accordance with the process of the rule, and also not to finalize the recruitment process of Headmaster initiated for the purpose of recruitment of Headmasters, vide letter dated 01.06.2023.

3. The background facts, leading to filing of the present petition, are briefly stated as under:

"The petitioners herein (seven in numbers) are working as Graduate Teachers in different schools of Barpeta, Bongaigaon, Nagaon and Sonitpur districts. They have passed B.Ed. degree from the CMJ University, Meghalaya, a State Private University, which is recognized by UGC, New Delhi. They acquired their degrees in the year 2011 and 2012 in incampus mode, but thereafter, on 31.03.2014, the State of Meghalaya declared for dissolution of the CMJ University and accordingly, their B.Ed. degrees became invalid, for which they could not avail the benefit of the said degrees.

The CMJ University challenged the aforesaid order dated 31.03.2014, before the Hon'ble Supreme Court as well as the High Court of Meghalaya and due to interference of the Hon'ble Supreme Court of India as well as the High Court of Meghalaya, the aforesaid University came into existence and the B.Ed. degree conferred by the said University also stood recognized in other parts of the country. Thereafter, the petitioners submitted a representation before the respondent Nos. 1 and 2 for granting the effect/benefits like promotion/increment etc. available to them, but the same failed to evoke any response.

Thereafter, the petitioners filed three writ petitions, being WP(C) No. 1055/2019, WP(C) No. 7871/2018 and WP(C) No. 5743/2018, before this Court seeking recognition of B.Ed. degree with retrospective effect and this Court, vide common order dated 13.09.2019, directed the respondents with observation regarding the acceptance of their B.Ed. degree obtained from the CMJ University within a period of three months from the date of receipt of a certified copy of that order.

Thereafter, the Under Secretary, NCTE issued the impugned letter dated 27.05.2019, whereby and whereunder the NCTE declared that the CMJ University, Meghalaya is not recognized by the Eastern Regional Committee, NCTE Bhubaneswar for B.Ed. course and on the strength of the impugned letter dated 27.05.2019, the respondent No. 1, vide order dated 28.04.2020, had decided that the B.Ed. degree obtained by the petitioners from the CMJ University, cannot be recognized as valid for the purpose of employment and promotion, and thereby the right of the petitioners stood violated.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpNNkULS9z3FjrmVlQPE1P9BLYmAKMLRjbEbKO7CnKGWa&caseno=WP(C)/3899/2023&cCode=1&cino=GAHC010142672023&state_code=6&appFlag=)

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