LAWS(KAR)-1995-11-9

KARNATAKA STATE SCHEDULED CASTES ANDSCHEDULED TRIBES PRIMARY SCHOOL TEACHERS ASSOCIATION BANGALORE Vs. STATE OF KARNATAKA

Decided On November 23, 1995
KARNATAKA STATE SCHEDULED CASTES AND SCHEDULED TRIBES PRIMARY SCHOOL TEACHERS ASSOCIATION, BANGALORE Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) rule.

(2.) heard the learned counsel for the petitioners and Sri Srinivasa Reddy, learned additional government advocate, appearing for the respondents. The statement of objections has been filed.

(3.) as stated in the writ petitions, the 1st petitioner is aregistered society. Its object is to look after the welfare of the primary school teachers belonging to scheduled castes and scheduled tribes community. Petitioner 2 is one of its members. It is the common case of the contesting parties that large number of persons having no qualification of teachers training course had been appointed as teachers with a condition that subsequently they will undergo a special training and acquire the requisite qualification in this regard. Till 1986-87 the government was conducting the course known as correspondence-cum-vocational course for training of such teachers but the same has been abandoned since 1986-87. Now for training the untrained in service teachers who are mostly of scheduled castes and scheduled tribes, as per the government Order No. Ed 37 mpe 93, dated 10-1-1994, the second respondent prepared the course materials in consultation with the chairman of the Karnataka secondary education examination board (in short, 'the board'). Thereafter the tranning was started on 4-7-1994. The total period of the training (direct contact) was six weeks. It was conducted during summer and mid-term vacations. The petitioners do not dispute the conduct of the said training; but, their grievance is that though they have been given only six weeks training, they are being forced to undertake the regular teachers training examination (higher) (for short, tch'), which requires extensive training of two years in any government or non-government institution, which is not only contrary to the statutory provisions but is also arbitrary and impermissible in law.