The Gauhati High Court has ruled that government employees who pursue higher studies without prior departmental permission may face disciplinary action, but their degrees remain valid if obtained from recognised universities.
The case involved Mallika Devi, a teacher appointed in 1995 and regularised in 2001. In the 2021 gradation list of Post Graduate Teachers, she ranked higher than colleague Subhalakshmi Barooah. After the school’s Principal retired in January 2023, Devi claimed she was entitled to hold charge as the senior most qualified teacher. However, the Director of Secondary Education appointed Barooah, reasoning that only she had pursued her BEd. with official deputation, while Devi and others had studied without prior permission.
Devi challenged this, arguing her BEd. was from a recognised institution and could not be invalidated simply because she lacked permission. The State maintained that qualifications obtained without approval could not be recognised for service benefits.
LiveLaw reports that the Court examined Rule 13 of the Assam Civil Service (Conduct) Rules, 1965, which requires prior approval for joining educational institutions or appearing in exams. It held that violation of this rule is misconduct, but does not nullify a valid degree. Degrees are governed by the University Grants Commission Act and cannot be cancelled by departmental rules.
Since no disciplinary proceedings had been initiated against Devi, the Court found she had the legal right to hold charge of the Principal’s post. It set aside the earlier order appointing Barooah and directed the Director of Secondary Education to issue orders within 15 days allowing Devi to take charge until a regular appointment is made.
The ruling highlights that while rules must be followed, qualifications earned from recognised institutions cannot be disregarded. It is up to the HR to balance compliance with fairness in career progression.
