Page No.# 1/7 GAHC010146092024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3809/2024 ALOKANANDA DASGUPTA D/O- DURGAPADA DASGUPTA, M.SC. IN MICROBIOLOGY, B.ED B.SC. WITH ZOOLOGY MAJOR, HS-TET N SCIENCE, R/O- HOUSE NO. 28, VIVEKANANDA ROAD, PARK ROAD, LALA, HAILAKANDI, ASSAM, PIN- 788163. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY, TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019. 3:THE NATIONAL COUNCIL OF TEACHER EDUCATION EASTERN REGIONAL COMMITTEE REPRESENTED BY ITS REGIONAL DIRECTOR 15 NILAKANTHA NAGAR NAYAPALLI BHUBANESHWAR Rajib Kumar Roy Digitally signed by Rajib Kumar Roy Date: 2025.11.13 13:27:10 +05'30' Page No.# 2/7 ORRISA PIN- 751012. 4:THE ASSAM UNIVERSITY SILCHAR TO BE REPRESENTED BY ITS VICE CHANCELLOR ASSAM UNIVERSITY SILCHAR CACHAR ASSAM PIN- 788014. 5:THE UNIVERSITY GRANT COMMISSION NEW DELHI TO BE REPRESENTED BY ITS CHAIRMAN BAHADUR SHAH ZAFAR MARG NEW DELHI PIN- 110002. 6:THE INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT CIRCLE KARIMGANJ ASSAM Advocate for the Petitioner : MR. B PURKAYASTHA, MR. K N CHOUDHURY,J.P. BARUAH,MR. B ZAMAN,MR. B PURKAYASTHA,J.P. BARUAH,MR. S SUTRADHAR Advocate for the Respondent : SC, SEC. EDU., SC, U G C,SC, ASSAM UNIVERSITY,SC, N C T E BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER 11.11.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, Page No.# 3/7 appearing for the respondent Nos. 1, 2 and 6, Mr. I. Alam, learned standing counsel, NCTE, appearing for the respondent No.3, Ms. P. Upadhaya, learned counsel appearing on behalf of Mr. S.C. Keyal, learned standing counsel, Assam University, for the respondent No.4 and Ms. K. Borpuzari, learned counsel appearing on behalf of Mr. A. Chamuah, learned standing counsel, UGC, for the respondent No.5. 2. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 02.02.2024 (Annexure-188) submitted by the respondent No.1, by which it has been held that the petitioner, possessing Master degree in Microbiology with B.Sc. degree in Zoology, should not be considered as eligible to apply to the post of Post Graduate Teacher in Zoology and further, the petitioner has prayed for issuing direction to the State respondents, more particularly to the respondent No.1 to place the issue of determination of equivalency, relevancy and concerned subject of Microbiology with that of Zoology before a High Level Expert Committee comprising of experts of UGC, NCTE and of University, who have got teaching, professional and academic experience of teaching the Life Science subjects and also the petitioner has prayed for issuing direction to the State respondents, more particularly, the respondent Nos.1 and 2 to allow the petitioner to join in service as Post Graduate Teacher in Zoology at Ramkrishna Vidyapith H.S. School, Karimganj, as per appointment order dated 25.05.2023, in the event of the committee, so constituted, gives a favourable opinion. 3. Mr. Purkayastha, learned counsel for the petitioner submits that the petitioner is having M.Sc. degree in Microbiology with Zoology as major subject in B.Sc. and also she possessed B.Ed. degree and she has passed Higher Secondary TET Examination and thereafter, she was appointed as Post Graduate Page No.# 4/7 Teacher in Zoology by the Director of Secondary Education, Assam, vide order dated 25.05.2023. 3.1 Mr. Purkayastha further submits that though the petitioner was appointed, she could not join, as her appointment was made subject to opinion of expert. Thereafter, one Expert Committee was constituted by the State respondents, who had submitted the report on 02.02.2024, recommending that the candidate possessing Master degree in Microbiology with B.Sc. degree in Zoology should not be considered as eligible to apply, selection and appointment to the post of Post Graduate Teacher in Zoology. 3.2 Mr. Purkayastha further submits that the said opinion is absolutely mechanical and unsustainable, as the same has not been given by any expert of the subject concerned. Further, Mr. Purkayastha submits that the Assam University, Silchar has also provided one opinion of Expert Committee constituted by five members of university level professors having teaching, academic and professional experience of sufficient years and as such, the impugned opinion dated 02.02.2024, is unsustainable and on such count, it is contended to set aside the same and further, it is contended to constitute a committee comprising of the experts of Assam University, Gauhati University, UGC and NCTE and thereafter, to allow the petitioner to join her post if the opinion is found favourable. 4. Mr. Alam, learned standing counsel for the respondent NCTE submits that the NCTE has nothing to do in this matter and it has no such experts. 5. On the other hand, Mr. Sarma, learned standing counsel for the respondents in Secondary Education Department submits that he has no objection in the event of constitution of a committee comprising of experts in Page No.# 5/7 the subject from Gauhati University and other higher educational Institutions. 6. Mr. Chamuah, learned standing counsel for the respondent UGC, on instruction, pursuant to an order being passed on 04.11.2025, through his junior submits one letter, suggesting the name of one expert on behalf of UGC, namely, Dr. Deepjyoti Kalita, Associate Professor of Microbiology, AIIMS, Guwahati, in the event of constitution of a committee to examine the matter. 7. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the impugned opinion, dated 02.02.2024. 8. It appears that the impugned opinion dated 02.02.2024 was furnished by a committee comprising of the respondent No.1 and two Professors of Zoology Department of B. Borooah College and after the discussion that was held in online mode, the committee had opined that the candidate possessing Master degree in Microbiology with B.Sc. degree in Zoology, should not be considered as eligible to apply to the post of Post Graduate Teacher in Zoology for selection and appointment to the said position. 9. Since, the impugned opinion was given by a committee constituted by the respondent No.1 comprising of only two Professors of Zoology Department of same local College, that too without there being any expert from the Microbiology Department of any higher Institute and the deliberation being held in online mode, the same appears to be procured in a slipshod manner, and on such count no credence can be given to such a opinion, and that too, while deciding the right, that has already been created in favour of the petitioner here in, on the basis of such one-sided report. Accordingly, the report/opinion dated 02.02.2024, deserved to be set aside, and accordingly, the same stands set Page No.# 6/7 aside and quashed. 10. Further, taking note of the submissions of learned counsel for both the parties, and as agreed upon, the respondent No.1 is directed to constitute an Expert Committee for determination of equivalency between the Master degree in Microbiology with B.Sc. degree in Zoology and Master degree in Zoology and allied subject, to appoint as Post Graduate Teacher to teach Zoology in Higher Secondary level, comprising of following experts:- (I) One Professor of Microbiology Department of Assam University of Silchar; (ii) One Professor of Botany Department of Assam University of Silchar; (iii) One Professor of Zoology Department of Assam University of Silchar; (iv) One Professor of Zoology Department of Gauhati University of Guwahati; (v) One Professor of Botany Department of Assam University of Silchar; (vi) Dr. Deepjyoti Kalita, Associate Professor of Microbiology, AIIMS, Guwahati, (Nominated by UGC) 11. The said committee shall submit its report within a period of 2(two) months from the date of its constitution by the State respondent No.1. The respondent No. 1 is excluded from being a member of the committee, so that the petitioner cannot raise any question about the credibility of the report, to be furnished by the said committee. 12. And if the report of the said committee favours the petitioner's case, then the appointment order dated 25.05.2023 (Annexure-19B) shall be given effect Page No.# 7/7 to and also all consequential service benefits, which the petitioner will be legally entitled to, shall be extended to her. The said exercise shall be carried out within a period of two weeks from the date of furnishing the report by the committee. 13. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant