WP(C) 3360/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Dr. Y.K. Phukan, learned Sr. counsel for the petitioner as well as Mr. U.K. Goswami, learned Standing counsel, Education Department. None has appe ared on behalf of the respondent No. 4. The petitioner who is serving as Assistant Graduate Teacher in Auniati Bishnude b High School, Kalia Gaon in the district of Jorhat is aggrieved by Anenxure-12 order dated 29.06.2009 by which the respondent No. 4 has been allowed to hold th e charge of the post of Headmaster. According to the petitioner, although the re spondent No. 4 is senior to him, but since the said respondent dose not fulfil the requirement of Rule 14 of the Assam Secondary Education (Provincialised) Ser vice Rules, 2003, he could not have been allowed to hold the charge of the post of Headmaster. According to the petitioner, the respondent No. 4 does not posses s the requisite qualification of B.Ed./ B.T. degree. However, it is the stand of the respondent No. 4 as well as the official respondents in their counter affid avit that the respondent No. 4 has obtained his B.Ed. degree from Nababharat Shi khsa Parishad which is an educational institution in the State of Orissa. As per Annexure- R/1 certificate dated 26.08.09 issued by Nababharat Shiksha Parishad, Orissa the respondent No. 4 has passed B.Ed. examination in the year 2008 and w as placed in the First Division. Dr. Y.K. Phukan, learned counsel for the petitioner upon a reference to the stan d of the petitioner in the affidavit in reply, submits that there is great doubt in respect of recognition of B.Ed. degree obtained from the said Shiksha Parish ad. He submits that as per the information derived from the sources of the petit ioner, the B.Ed. degree conferred by Nababharat Shiksha Parishad, Orissa is not a degree to be recognised. In the counter affidavit filed by the respondent No.2, i.e. the Deputy Director, Secondary Education, Assam, the above aspect of the matter has not been dealt w ith. Only stand taken is that the respondent No. 4 fulfils the requirement of B. Ed. degree and thus, the impugned order is not liable to be interfered with. Since this Court is not equipped with expertise to find out as to whether the B. Ed. degree conferred by Nababharat Shiksha Parishad, Orissa is recognised by the State of Assam in the Education Department, I deem it fit and proper to refer t he matter to the Commissioner and Secretary to the Govt. of Assam in the Educati on (Secondary) Department to deal with the matter and to find out as to whether the B.Ed. degree conferred to the respondent No. 4 by the said Parishad is a rec ognised one in the State of Assam. Depending upon the finding arrived at by the said Commissioner and Secretary, th e future course of action will be governed. If it is found that the B.Ed. degree conferred to the respondent No. 4 by the said Shiksha Parisad is not recognisab le in the State of Assam, necessary consequence thereof in respect of the impugn ed order dated 29.06.09 will follow. However, if it is found that the said degre e is a recognised one, then there is no question of interference with the impugn ed order. Let the entire exercise shall be carried out as expeditiously as possible prefer ably within three months. With the above directions, writ petition is disposed of.