Safiya Malik

The High Court of Gauhati Single Bench of Justice Kardak Ete set aside the cancellation of an appointment order and upheld the validity of a B.Ed. degree, directing the reinstatement of a candidate to the post of Principal at a Higher Secondary School. The court found that the Gauhati University, in consultation with the National Council for Teachers Education (NCTE), had duly verified the degree and declared it valid. The court further stated that even if procedural norms under service conduct rules were not followed strictly, such violations alone could not invalidate the degree. Consequently, the court quashed the order dated 27.07.2023 issued by the Director of Education, Bodoland Territorial Council (BTC), Kokrajhar, and allowed the petition challenging the degree cancellation. Connected petitions opposing the degree’s validity were dismissed.

The matter involved three inter-connected writ petitions concerning the validity of a B.Ed. degree obtained by one Shri Bharat Chandra Talukdar and his appointment as Principal of Barama Higher Secondary School in the Baksa district of Assam.

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The primary writ petition, WP(C) No. 4355/2023, was filed by Bharat Chandra Talukdar challenging the order dated 27.07.2023 issued by the Director of Education, BTC, Kokrajhar, which cancelled his B.Ed. degree and his appointment order dated 03.09.2022 as Principal. The petitioner was initially appointed as a subject teacher at the said school on 15.09.1998. While in service, he applied through the Principal of Barama Higher Secondary School for permission to pursue a B.Ed. course at SDP College of Teachers Education, Tihu. He obtained the degree in the 2014-2015 academic year under Gauhati University.

Following his selection through an advertisement dated 11.11.2021 and an interview conducted by the Council Level Selection Board, he was appointed as Principal on 03.09.2022. However, respondent No. 10, Anupama Devi, challenged the validity of his B.Ed. degree in WP(C) No. 337/2021. This led to the Director of Education, BTC, verifying the degree and initially declaring it valid in a speaking order dated 18.09.2021. Anupama Devi subsequently filed WP(C) Nos. 8277/2022 and 1026/2023, leading to the quashing of the 2021 validation and a direction to the Director to reconsider the matter.

In compliance, the Director passed an order on 27.07.2023 cancelling the degree and reverting Talukdar to his previous position, allowing Anupama Devi to function as In-Charge Principal.

The second petition, WP(C) No. 639/2024, filed by Anupama Devi, contested the decision of Gauhati University dated 29.09.2023 that upheld the validity of the B.Ed. degree. The third petition, WP(C) No. 6381/2024, was filed by Tulashi Rabha, who also sought to challenge the decision of Gauhati University, alleging violation of NCTE regulations.

Arguments from the petitioners challenging the degree included the claim that the B.Ed. course was a day-shift program and Barama Higher Secondary School was 15 kilometers from the B.Ed. college, making simultaneous attendance improbable. It was argued that there was no formal permission obtained from the competent appointing authority as required under Rule 13 of the Assam Civil Service (Conduct) Rules, 1965. RTI replies were cited to show the absence of attendance records at the B.Ed. college.

It was further submitted that even if permission was shown to be granted by the school Principal, that person was not the appointing authority under the rules. The NCTE Regulations, 2014 were invoked to assert that the candidate must have 80% attendance in coursework and 90% for school internship.

On the other hand, counsel for Talukdar submitted that pursuant to a court order dated 31.08.2023, Gauhati University formed a committee and, after hearing all parties and reviewing all records in consultation with NCTE, declared the B.Ed. degree valid. It was further submitted that any violation of Rule 13 of the Conduct Rules may lead to departmental action but cannot invalidate a degree lawfully conferred by a recognized university.

It was also pointed out that neither Anupama Devi nor Tulashi Rabha had challenged the selection process or the final select list dated 06.04.2022. Tulashi Rabha’s claim for promotion was also rebutted citing Rule 12 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018, which mandates direct recruitment for the Principal post and imposes an age limit of 57 years.

The Court stated "This Court, vide order dated 31.08.2023, on consideration that the B.Ed. Degree had been obtained from Gauhati University and the NCTE is the appropriate regulatory authority under the law as regards acceptability and validity of any B.Ed. Degree, has observed and directed that there is requirement of Gauhati University to take a final decision..."

After examining the proceedings, the Court quoted from Gauhati University’s findings: "Bharat Chandra Talukdar was duly admitted in the college",

"...has produced NOC allowed by the Inspector of Schools of Baksa District Circle, Mushalpur, which was in consonance with the Govt. Office Memorandum dated 28th July, 2014",

"...the committee is of the humble opinion that the B.Ed. degree in question, as awarded to Bharat Chandra Talukdar is valid."

The Court further recorded: "...even if there is a violation of above rule, same may, at best, warrant disciplinary action and would not be a ground for declaration of the degree invalid."

Regarding the NCTE Regulations, 2014, the Court quoted: "The institution shall work for a minimum of 36 hours in week... Minimum attendance of student-teacher shall have to be 80% for all course work and practicum, and 90% for school internship."

However, the Court held: "In the present case, it is not discernible as to whether Shri Bharat Chandra Talukdar had not have any required working days and percentage of attendance except the bald averment..."

Stating the limited scope of the challenge, the Court cited past precedent: "The provisions of Rule 13... mandates that prior permission shall be obtained by a government employee for prosecuting any course of study. The violation of Section 13 would amount to a misconduct... [but] cannot, however, be invoked to invalidate any degree acquired..."

Finally, the Court stated: "Unless flagrant violation of law is clearly established... it would not be appropriate to have a different view other than the view taken by the Gauhati University..."

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The Court held: "There is no infirmity in the findings of Gauhati University dated 29.09.2023 whereby the B.Ed. degree of Shri Bharat Chandra Talukdar is held to be valid."

Consequently, the Court directed: "The impugned order dated 27.07.2023 passed by the Director of Education, BTC, Kokrajhar and the cancellation of appointment order of Shri Bharat Chandra Talukdar as Principal are set aside and quashed."

Further, the Court stated: "WP(C) 4355/2023 is allowed and WP(C) 639/2024 & WP(C) 6381/2024 are dismissed. Cost(s) made easy."

Advocates Representing the Parties:
For the Petitioners: Mr. U. K. Nair, Ms. L. Wangsa, Ms. A. Das, Mr. M. Mahanta, Mr. T. Deuri, Mr. M. P. Sarma, Mr. S. Chowdhury

For the Respondents: Mr. S. K. Goswami, Mr. P. J. Phukan (Gauhati University), Mr. I. Alam (NCTE)

Case Title: Bharat Chandra Talukdar v. The Commissioner and Secretary to the Govt. of Assam & Ors.

Neutral Citation: GAHC010167702023

Case Number: WP(C)/4355/2023, WP(C)/639/2024, WP(C)/6381/2024

Bench: Justice Kardak Ete