RAJYA PPARSHWA SHISHAK Vs. STATE

JUDGEMENT

(1.) Let the affidavit of service be kept on record. On the prayer made on behalf of the petitioners, the name of the petitioner No. 1 is expunged from this writ application.

(2.) This writ application is filed by the petitioner Nos. 2 to 4 for a direction "upon the respondent No. 4 to take necessary steps in respect of their respective applications submitted before the District Project Officer, Sarba Shiksha Mission, District Nadia for acquiring Teacher Training Qualification, i.e. Diploma in Elementary Education through Open Distance Learning Mode from the institution by the National Council for Teacher Education. The petitioner Nos. 2 to 4 are the additional para teacher in different primary and upper primary schools in the district of Nadia. All of them submitted their applications before the respondent No. 4 through the respondent No. 5 for acquiring Diploma in Elementary Education through Open Distance Learning Mode from the institution by the National Council for Teacher Education. Those applications were forwarded by the respondent No. 4 under his memo No. 1231/SSM dated August 13, 2012. According to the petitioner Nos. 2 to 5, the respondent No. 4 is sitting tide over the matter.

(3.) Having heard the learned Counsel appearing for the petitioners as also after considering the fact and circumstances of this case, I find that the School Education Department, West Bengal (Primary Branch} issued a notification No. 277-SE(P)/12-6/09(Pt-I) dated March 28, 2012 and the same was published in the Official Gazette on April 13, 2012. The above notification was issued in exercise of power conferred by the provisions of Right to Children and Free and Compulsory Education Act, 2009. According to the above notification if a teacher is found to short of minimum required qualification as prescribed, may face severe consequences after March 31, 2015, i.e. the last date for upgradation of qualification.