PURNENDU SEKHAR DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel assisted by Mr. T. U. Laskar, learned counsel appearing for the appellant. Also heard Mr. N. J. Khataniar, learned Standing Counsel, Secondary Education Department, Assam appearing for the respondent Nos.1, 2 and 3, Mr. I. Alam, learned Standing Counsel, NCTE appearing for the respondent No.4, Mr. S. C. Keyal, learned Standing Counsel, Assam University, Silchar appearing for the respondent No.5 and Mr. B. Purkayastha, learned counsel representing the respondent No.7/writ petitioner.

(2.) In this intra-court appeal, the judgment and order dtd. 27/2/2020 passed by the learned Single Judge in WP(C) No.4443/2017 has been put to challenge. By filing WP(C) No.4443/2017 the respondent No.7, as writ petitioner, had called into question the validity of the B.Ed. degree obtained by the writ appellant on the ground that due to want of recognition of the concerned Institute by the National Council for Teachers Education (NCTE) at the relevant point of time, the B. Ed. degree was invalid in the eyes of law and hence, the writ appellant cannot be granted any service benefit on the basis of such invalid B. Ed. Degree. By the impugned judgment and order dtd. 27/2/2020 the learned Single Judge has accepted the plea of the respondent No.7/writ petitioner and declared that the B. Ed. degree obtained by the writ appellant was invalid. Hence, this appeal.

(3.) The facts and circumstances of the case, briefly stated, are these. The writ appellant herein had got admission in B.Ed course for the session 1995-96 under the Vivekananda College of Education (VCE), Karimganj on 22/6/1995. At that point of time, the VCE did not have recognition of NCTE. As a matter of fact, the NCTE was not in existence on that date. However, the National Council for Teachers Education Act, 1993 (herein after referred to as the 'Act of 1993') enacted by the Parliament came into force with effect from 1/7/1995 which is the appointed date. As per the provision of the Act of 1993, it was mandatory for all institutions offering B. Ed. degree, to obtain recognition/permission from the NCTE.