ARBIND NATH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the procedure specially with regard to the eligibility criteria made by the State Government regarding appointments of eighty thousand Panchayat Siksha Mitra under the Central Government sponsored scheme known as Sarva Shiksha Abhiyan (hereinafter referred to as the SSA) on the ground that that is contrary to the regulations of the National Council For Teachers Education. The Central Government has released Rs. 935 crore for the said purpose. But unfortunately no progress has been made and the matter is still pending for some reason or the other.

(2.) It appears that there was a controversy between the State Government and the Central Government also as to the eligibility criteria etc. for appointments of teachers or para teachers under the aforesaid scheme. Thereafter, the matter has been clarified by a letter of the Secretary, Ministry of Human Resources Development Department, Government of India, dated 10th Dec., 2003. It is useful to quote the relevant two paragraphs of the said letter, which runs as follows:

(3.) After going through the aforesaid paragraphs it is clear that persons with intermediate qualification and having Diploma in Education or B.Ed., should be appointed first and only in case of they being not available para-teachers should be appointed with a minimum qualification of Intermediate (class XII) and so far women are concerned if women with requisite qualification of Class XII are not available then a woman with high school may be considered for appointment as a teacher/ para-teacher and after appointment, as mentioned in the letter, efforts will be made to upgrade their academic and professional qualifications.