RABIN KUMAR MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioner assailing the clause 2(a) of the "Public Notice" issued by the respondent-School Service Commission under Memo No. 209/5277/CSCC/ESTT/2014 dated January 29, 2014. By virtue of the above Notice, applications are invited from the eligible candidates to appear in the 'Teachers' Eligibility Test" for appointment of teachers of classes V to VIII of Non-Government Aided Educational Institutions in the State of West Bengal. According to the clause under reference only pass graduate teachers for classes V to VIII of the above Institutions will be selected through 'Teachers Eligibility Test" as per selection procedure as stated in the "Brochure". It is submitted on behalf of the petitioner that he possess Diploma in Tailoring which is equivalent to the qualification prescribed in Table 5 (as amended) of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 (hereinafter referred to as the said Rules, 2007). In view of clause (b) of paragraph 5 of Notification No. F61-1/2011/NCTE (N & S) dated July 29, 2011 issued by the National Council for Teachers Education the candidature for the post of Assistant Teacher of Work Education is to be considered in accordance with the provisions of the existing eligibility norms prescribed by the State Governments and other school managements till such time NCTC lays down the minimum qualifications in respect of such teachers. It is also submitted on behalf of the petitioner that in view of the above provisions, the eligible candidates are not required to appear in the Teachers' Eligibility Test for the post of Assistant Teachers of Work Education for classes V to VIII of the Non-Government Aided Educational Institutions in the State of West Bengal.

(2.) The provisions of clause (b) of paragraph 5 of the Notification dated July 29, 2011 of the National Council for Teachers Education are set out below:

(3.) The provisions of Table 5 (as amended) of the said Rules, 2007 are quoted below: