GAUHATI HIGH COURT ISSUES ORDER ON BHARAT CHANDRA TALUKDAR V/S THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AND 9 ORS.

GUWAHATI, India, Aug. 22 -- Gauhati High Court issued the following order on July 22:

1. Heard Ms. B. Bhuyan, learned senior counsel assisted by Mr. T. Deuri, learned counsel for the petitioner in WP(C) No. 4355/2023 and for the respondent Nos. 8 & 9 in WP(C)No.639/2024 and WP(C) No.6381/2024. And also heard Mr. S. K. Goswami, learned counsel for the petitioners in WP(C)No.639/2024 and WP(C)No.6381/2024 and respondent No. 10 in WP(C)No. 4355/2023; Mr. P. J. Phukan, learned Standing Counsel, Gauhati University and Mr. I. Alam, learned Standing Counsel, NCTE.

2. Since these writ petitions are inter-connected and the issues involved are similar on facts and law, same were heard analogously and disposed of by this common judgment and order.

3. In WP(C)No. 4355/2023, the petitioner, namely, Shri Bharat Chandra Talukdar, has assailed the order dated 27.07.2023, passed by the Director of Education, Bodoland Territorial Council, Kokrajhar, whereby, the appointment of the petitioner as Principal of Barama Higher Secondary School and the validity of B.Ed. Degree obtained by the petitioner from the SDP College of Teachers Education, Tihu, has been treated to be cancelled in pursuant to the order dated 26.06.2023 passed in WP(C) 1026/2023 and the petitioner in the said writ petition, namely, Smti Anupama Devi has been allowed to hold the In-Charge Principal of Barama Higher Secondary School, in place of the petitioner, till regular Principal is appointed, thereby, reverting the petitioner back to his original post.

4. It is the contention of the petitioner that he was initially appointed as subject teacher of Barama Higher Secondary School on 15.09.1998. While serving as subject teacher, the petitioner applied to the Inspector of Schools, B.D.C. Mushalpur, through the Principal of Barama Higher Secondary School for permission to pursue B.Ed. Course without hampering the regular classes of the Barama Higher Secondary School. Accordingly, the petitioner was allowed and the petitioner, thereafter, obtained the B.Ed. Degree from SDP College of Teachers Education, Tihu, under Gauhati University in the year 2014-2015.

5. It is contended that the petitioner has obtained all the required permissions for the course of B.Ed., including attending and appearing in the final examination of B.Ed.course, from the Principal of Barama Higher Secondary School. The Principal, SDP College of Teachers Education, Tihu, issued the B.Ed. certificate in the year 2015. After due selection process pursuant to the advertisement dated 11.11.2021, vide order dated 03.09.2022, the petitioner was appointed as Principal of Barama Higher Secondary School in the District of Baksa on regular basis.

6. The private respondent No. 10, namely, Smti Anupama Devi, had filed a writ petition being WP(C)No. 337 of 2021, challenging the validity of the B.Ed. Degree of the petitioner. Accordingly, this Court had directed the Director of Education, BTC, Kokrajhar to verify the B.Ed. Degree of the petitioner. Pursuant thereto, the Director of Education, BTC, Kokrajhar, after verifying all the documents of the petitioner, has declared the B.Ed. Degree of the petitioner to be valid, vide speaking order dated 18.09.2021. The private respondent No. 10, assailing the speaking order dated 18.09.2021, and the appointment of the petitioner as Principal dated 03.09.2022, had again approached this Court being WP(C) No. 8277/2022 and WP(C) No. 1026/2023.

7. This Court, vide common order dated 26.06.2023, has set aside and quashed the speaking order, dated 18.09.2021, passed by the Director of Education, BTC, thereby, directed the Director of Education, BTC, to reconsider the matter afresh as to whether the petitioner had legitimately obtained his B.Ed. Degree from the SDP College of Teachers Education, Tihu after taking into consideration of the report of the Inspector of School, BDC, Mushalpur, dated 23.07.2021 as well as the fact that the SDP College of Teachers Education, Tihu, does not have evening shift to impart B.Ed. Degree and also the Office Memorandum, dated 28.07.2014 and to pass a reasoned order in accordance with law.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqPJbuo9NR0ehUZ34ISALcbSPv1U1vp9DbSs1QNW1J%2FMX&caseno=WP(C)/639/2024&cCode=1&cino=GAHC010025462024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.