BALAI CH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for the following reliefs :

(2.) It is submitted by the petitioner that in terms of the Recruitment and Leave Rules of teachers of Primary School in West Bengal as issued in terms of Notification dated 22nd November, 1991, the petitioner was required to be appointed as Head teacher in the school in question since he has qualified with Primary Teachers Training Certificate and a seniormost teacher in the school. It is contended that while the petitioner was continuing as Teacher-in-charge all on a sudden a junior-most teacher was appointed as Head teacher of the Primary School. An affidavit-in-opposition has been filed by the concerned Primary School Council wherein it is contended that the petitioner is not qualified due to lack of training qualification as required under the statute and accordingly the petitioner's name was not empanelled in the panel of Head Teacher.

(3.) The learned advocate for the petitioner, however, submits that the certificate issued by the Teachers Training Institution, Corporation of Calcutta on 15th February, 1976 relating to the Teachers Training Final Examination in junior course is a valid training certificate as required under Rule 18 of the Recruitment and Leave Rules. Under the Recruitment and Leave Rules, 1991, the definition of trained candidate is stipulated in Clause 2(n) which provides that certificate must be issued either by the Director of School Education, West Bengal or by any other officer empowered in this behalf by the State Government which would be considered as training certificate. The relevant provision of Clause 2(n) is set out in extenso: