KAMDEV SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. A Talukdar, learned counsel for the petitioner, Mr. U Sarma, learned counsel for the respondents in the Secondary Education Department, Government of Assam, Mr. PJ Phukan, learned counsel for the respondent Gauhati University, Mr. I Alam, learned counsel for the respondents in the NCTE and Mr. S Barman, learned counsel for the respondent No. 4 Prasanna Das.

(2.) An issue for determination has arisen as to who between the writ petitioner Kamdev Sarma and the respondent No. 4 Prasanna Das would be entitled to be the Headmaster of the Borka High School in the Kamrup district. The dispute between the petitioner and the respondent No. 4 was determined by the Director of Secondary Education, Assam by his order dtd. 20/2/2020, the relevant portion of which is extracted below:-

(3.) A reading of the afore-extracted order of the Director makes it discernible that it was factually determined that the writ petitioner Kamdev Sarma is senior to the respondent No. 4 Prasanna Das, but the B.Ed. degree of the writ petitioner was unacceptable inasmuch as, when the degree was obtained in the year 1996, the Baihata Chariali B.Ed college from where the degree was obtained, did not have the NCTE recognition and it had the NCTE recognition only on 25/11/1998. Although references are made that the writ petitioner Kamdev Sarma was originally working in Guiya MV School and he was transferred to Borka Girls ME School on 25/8/1998 and subsequently Borka Girls ME School was amalgamated with the Borka High School on 16/6/2017, but there is no determination as such that because of such transfer, Kamdev Sarma would not be entitled to be the Headmaster. The aforesaid is only an incidental fact that had been narrated in the order. The reason as to why the claim to be the Headmaster of the writ petitioner Kamdev Sarma was rejected was that the Director of Secondary Education, Assam found his B.Ed. degree to be unacceptable.