Monorama Sarma v. The State of Assam and 3 Ors

PageoNo.#o1/4 GAHC010077972020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2495/2020o MONORAMAoSARMAo W/O-oDRoRATULoSARMA,oRETIREDoSUBJECToTEACHER,oCHEMISTRY,o RAJDHARoBORAoHoSoSCHOOL,oAZRA,oR/O-oHoNO.o19,oB/L-5,oNAMGHARo UPAPATHoVIDYAMANDIRoPATH,oP.OoANDoP.S-oBASISTHA,oGUWAHATI,o KAMRUP(M),oASSAM,oPIN-o781029 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o SECONDARYoEDUCATION,oDEPTT,oASSAMoCIVILoSECRETARIAT,oDISPUR,o GUWAHATI-o06 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI oASSAM oPIN-o781019 3:THEoINSPECTORoOFoSCHOOLS oKAMRUPoDISTRICToCIRCLE oPANBAZAR oGUWAHATI oASSAM oPIN-o781001 4:THEoPRINCIPAL oRAJDHARoBORAoHoSoSCHOOL oAZRA oGUWAHATI oASSAM Page No.# 2/4 PIN-781017 5:NATIONAL COUNCIL FOR TEACHER EDUCATION EASTERN REGIONAL COMMITTEE ORISSA Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : SC, SEC. EDU.

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

24.05.2023

Heard Mr. B. Purkayastha, the learned counsel for the petitioner and Ms. D. Mushahary, the learned counsel appearing on behalf of the respondent Nos.1 to 4 as well as Mr. I. Alam, the learned counsel appearing on behalf of the respondent No.5.

¶2The case of the petitioner herein is that the petitioner is entitled to an advance increment in terms with the communication issued by the Joint Director of Secondary Education Department dated 21.07.2016 in as much as the petitioner fulfills the conditions mentioned therein. It is relevant to take note of that as per the communication dated 21.07.2016, the conditions mentioned for being eligible to get one advance increment for acquiring B.Ed. decree are that the petitioner had joined the service before 03.07.2012 and the petitioner has to obtain B.Ed. decree from a UGC recognized University and NCTE approved B.Ed. College. It is the further case of the petitioner that as the petitioner has the B.Ed. degree from IGNOU through distance learning, the Director of Secondary Page No.# 3/4 Education vide the order dated 20.02.2020 refused to grant the benefit of one advance increment to the petitioner.

¶3Being aggrieved, the petitioner has therefore approached this Court under Article 226 of the Constitution. It is relevant to take note of that the respondent No.5, i.e. the National Council for Teachers Education (NCTE) had filed an affidavit on 08.06.2021 wherein in paragraph Nos.3 & 5 of the said affidavit, it has been categorically mentioned that the B.Ed. Degree obtained by the petitioner from IGNOU is a valid decree and it was recognized by the NCTE through the order dated 28.05.1999 for conducting B.Ed. (distance education) for two years commencing from

19.09.2000. It has also been mentioned that the petitioner passed the B.Ed. degree on 25.02.2014 from IGNOU through distance mode is a valid degree recognized by the NCTE on 28.05.1999 prior to her B.Ed. degree obtained on 25.02.2014.

¶4Under such circumstances, this Court is of the opinion that as the NCTE have duly recognized that the B.Ed. degree obtained by the petitioner as a valid degree, it would meet the condition No.2 in terms with the communication dated 21.07.2016. However, as regards to whether the petitioner had joined the service before 03.07.2012 is a matter to be verified at the level of the Inspector of Schools, i.e. the respondent No.3.

¶5Accordingly, the petitioner, therefore, is directed to submit a representation before the respondent No.3 along with a copy of the instant order and the respondent No.3 shall verify as to whether the petitioner joined the service prior to 03.07.2012. On the basis of such verification so conducted, if the petitioner is found entitled, the Page No.# 4/4 respondent authorities shall grant the petitioner the advance increment within the period of three months from the date of submission of the representation.

¶6It is further relevant to take note of that in view of the specific stand taken by the NCTE in its affidavit, the impugned order dated 20.02.2020 stands set aside and quashed.

¶7With the above observation and direction, the instant writ petition stands disposed of.

JUDGE Comparing Assistant