JANAKI SARKAR Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State, also perused order dated 9th May, 2001 passed by National Council for Teacher Education. Eastern Regional Committee which has been produced by learned counsel for the State because it is referred in the impugned order dated 2.12.2002 contained in Annexure -6.

(2.) PETITIONER is an assistant teacher in Bhatta Middle School (Bengali) Purnea. Her claim for fixation of her pay scale in the revised pay scale as per recommendation of 5th Pay Revision Committee has been refused by the impugned order contained in Annexure -6 on the ground that her certificate of training of the year 1990 was granted by Millia Fakhruddin Ali Ahmad, B. Ed Teachers Training College, Rambagh, Purnea but the affiliation granted to that college by the National Council for Teacher Education stands cancelled by the aforesaid letter dated 9.5.2001 and also by another letter dated 12.7.2002 which cancelled such affiliation with retrospective effect Learned counsel for the petitioner has submitted that the National Council for Teacher Education came into existence pursuant to an Act of 1993 which came into effect from 1st of July 1995 and hence the authorities under the said Act can exercise power only for the period after the Act came into force. He has shown from the materials on record that the college in question had necessary affiliation under the orders of the Govt. of Bihar under the Bihar Act of 1982. It has been submitted that petitioner was granted the certificate of training when the college was affiliated as per law and hence the benefit of such training and certificate cannot be denied to the petitioner only because subsequently the statutory authority under the Central Act on 1993 did not find the college up to the mark and did not grant affiliation or cancelled its affiliation granted by such authority earlier.

(3.) THIS court finds merit in the submissions advanced on behalf of the petitioner that a certificate of training granted by an institute or college when it had proper recognition or affiliation cannot lose its validity only because in future the college or institute is refused recognition by a statutory body coming into existence from a later date and having jurisdiction over a period of time much after issuance of certificate in question. Hence, this writ petition is allowed and the impugned order contained in Annexure -6 is quashed. The concerned respondents are directed to grant the consequential benefits to the petitioner and redetermine her pay scale in accordance with law within two months from the date of production/communication of the copy of this order. The arrears of petitioners lawful salary shall also be paid to her within the said period.