LAWS(PAT)-2001-9-19

SHIVASHANKAR PRASAD Vs. STATE OF BIHAR

Decided On September 14, 2001
Shivashankar Prasad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS batch of writ petition once again bring to this court the controversy regarding the entitlement to the matric trained scale of pay (currently of Rs. 4500 -7000/ -) of those elementary school teachers who do not possess a certificate in teachers training course though some of them might be having a qualification much higher than matriculation. During the past decade this controversy, in one form or the other, has come to this court recurrently. One can only hope that the order proposed to be passed in this batch of cases, after the matter at issue was debated comprehensively at the bar will finally resolve and settle the controversy.

(2.) IN order to put the point at issue in proper perspective one may take note of certain basic facts which are not in dispute. On 5.3.1991 the State Government took the decision to take in untrained matriculates as primary school teachers and to send them for doing the teachers training course after entering into service prior to that, for a long time the minimum qualification for appointment as an Assistant teacher for elementary school was matriculation plus the certificate of passing the basic teachers training course which used to be of two years duration. Though the minimum qualification for appointment was trained matriculate (as the twin qualifications are commonly referred to), there has been for a very long time, two scales of pay admissible for the elementary school teachers; one the slightly higher matric trained scale and the other, the lower matric untrained scale. Two scales of pay for the same post may normally appear rather anomolous but the need for the two scales was rooted in the practical realities. Though formally and in principle the minimum qualification for appointment as Assistant teacher for elementary school Was trained matriculate, there were many instances of exemption from the requirement of training. The minimum qualification of a certificate of passing the basic teachers training course was often relaxed depending upon the subjects of teaching, the gender of the candidates and the castes of the candidates. For example, in subjects like Urdu and Sanskrit, trained matriculates not being readily available exemptions were made and for these two subjects untrained matriculates were appointed on a regular basis subject to non -availability of trained matriculate candidates. Similar was the case in science for which appointments were made relaxing the requirement of training. Similar relaxations were allowed in case of lady candidates and candidates belonging to the scheduled castes and the scheduled tribes. In some instances similar relaxations were allowed to candiates seeking appointment under the scheme of compassionate appointments. As a result there was a substantial number of teachers in the elementary schools who did not possess the certificate of passing the basic teachers training course. On the other hand, there were also a large number of teachers whose personal qualification was much higher than the minimum qualification of matriculation for appointment as Assistant teacher for elementary school; there were teachers whose personal qualifications were intermediate, graduation or even post graduation. The Government was, therefore, always faced with the question of categorisation of the elementary school teachers for putting them in the appropriate scales of pay.

(3.) BEFORE 1989 there were more than two scales of pay admissible to the Assistant teachers of elementary schools and teachers whose personal qualifications were graduation and above were given a pay scale even higher than the matrictrained scale of pay.