BINDESHWARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these cases, the petitioners are physical trained teachers in different Middle Schools. They have filed these writ petitions in their individual as well as in representative capacity. In all the writ petitions, they have claimed matric trained scale as the other teachers of the same school who are educational trained teachers (B.Ed.degree) teaching other subject are getting matric trained scale. In all the cases common point involved is as to whether the physical trained teachers would be entitled to matric trained scale, although they are physical teachers but they do not have qualification of training in education (B.Ed.degree).

(2.) In all the cases, common facts are, petitioners and similarly situated persons have got the physical training from the Govt. Physical Training Colleges in the State of Bihar or outside the State of Bihar. The Bihar School Examination Board used to grant two types of certificates, namely, (i) Certificates in physical education, required qualification being matric, and (ii) Diploma in physical education, required minimum qualification being graduate, either in Arts or in Science. In the High Level Committee meeting dated 28th October 1980, it was decided to reserve 20 per cent post for those who obtained C.P.Ed. training and from next year, 10 per cent post would be reserved against newly created post for physical trained candidates for being appointed in the elementary schools. The Government of Bihar, vide its letter No.3/0-15-033/90 dated 25th February 1982, directed for reservation of 25 per cent for diploma holders and 75 per cent for physical training certificate holders. It has further been averred that the petitioners against the advertisement of the year 1982-83 having requisite qualification and after going through the process of selection were appointed as physical trained teachers in the Elementary schools and they have been grant of matric untrained scale though were entitled to Matric trained scale. The petitioners made representation for granting matric trained scale claiming that the teachers who were teaching other subjects having training, have been granted matric trained scale, whereas they have been deprived of the same. They have claimed that they were appointed against the sanctioned post and are equal to trained teachers for all purposes and the Government has sanctioned the scale of trained teachers. It has further been stated that apart from imparting physical training, they are required to teach the students in other subjects also and they are required to be on duty, right from 10:30 A.M. to 4:00 P.M. on each and every day. When the petitioners were not granted the said benefit, in that circumstances they have filed these writ petitions in individual as well as in a representative capacity claiming the relief for themselves and also for similarly situated persons.

(3.) The State has filed counter affidavit and denied the claim of the writ petitioners claiming that the petitioners do not possess the qualification which is required for matric trained scale. The State has taken the stand that the trained teachers in physical education will not be entitled to benefit of matric trained scale until they acquire the requisite qualification, namely, Bachelor of Education (B.Ed.).