BIREN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Deka, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned counsel for the respondents in the Secondary Education Department of Government of Assam, Mr. I Alam, learned counsel for the respondents in the NCTE, Mr. N.C. Das, learned Senior Counsel for the Dibrugarh University, Mr. G. Goswami, learned counsel for the authorities in the Bihpuria PGT College and Mr. S.K. Das, learned counsel for the respondent No. 7 Biren Bora.

(2.) The petitioner Biren Saikia based upon his qualification and eligibility seeks to be the Principal of Kherajkhat Senior Secondary School. The petitioner participated in a selection process for the post of Principal of Kherajkhat Senior Secondary School as per the advertisement dtd. 14/12/2018 and states that in the selection process he was otherwise the first selected candidate in order of merit but by the order impugned dtd. 29/4/2021 of the Director of Secondary Education, Assam, the respondent No. 7 Biren Bora who has the qualification of M.Sc., B.Ed. and is a Post Graduate Teacher at Kherajkhat Senior Secondary School, Lakhimpur was appointed as a regular Principal of the School.

(3.) The petitioner Biren Saikia earlier instituted WP(C)/2057/2020 assailing the communication dtd. 7/2/2020 by which the present respondent No. 7 Biren Bora was appointed as the regular Principal of the school. In the said writ petition it was the stand of the petitioner Biren Saikia that he had the qualification of Post Graduate degree as well as B.Ed. degree and therefore, he was duly qualified to be appointed as regular Principal of the school but ignoring his claim the respondent No. 7 Biren Bora had been appointed as the regular Principal of the school. In the said writ petition it was the stand of the State respondents in the Secondary Education Department that the petitioner Biren Saikia was not appointed inasmuch as his B.Ed. degree was not a valid degree under the law. Accordingly, by the order dtd. 3/12/2020 in WP(C)/2057/2020 the matter was remanded to the NCTE to examine as regards the validity of the B.Ed. degree of the petitioner.