RAJESH ROUSHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these group of four writ applications except C.W.J.C. No. 1975 of 2007, the petitioners have asailed the order of cancellation of their respective appointments on the post of Assistant teachers (trained) in different Primary/ Secondary/Middle Schools pursuant to the appointments made under Bihar Primary Teachers Employment and Service Conditions Rules, 2006 (hereinafter referred to as the 'Statutory Rule ') issued vide Notification dated 1.7.2006 (annexure -10) to the writ application) on the ground that the qualification of possessing the Teachers Training certificate from a recognized institution, as required under sub -rule (3) of Rule 8 of the aforesaid Statutory Rules.

(2.) THE facts not in dispute are that all the petitioners have obtained the Basic Teachers Training Certificate from an institution known as "Gandhi Hindi Vidhyapith, Prayag, U.P.", prior to coming into force of the National ' Council for Teachers Education (NCTE) Act, 1993, an enactment mandating the necessity of recognition and the procedure thereof for the institutes imparting and granting certificate for teachers training, which came into effect on 17.8.1995. It is also not in dispute that after coming into force of the provisions of the aforesaid Statutory Rule all the teachers training institutes are required to get recognized by the said National Council for Teachers Education (NCTE) failing which such institutes shall cease to be a recognised institution.

(3.) THE learned counsels for the petitioners have a common submission to the effect that in terms of the aforementioned Statutory Rule that all the writ petitioners fulfils the essential requirement of having the certificate of teachers training course of two years from Gandhi Hindi Vidhyapith, Prayag, U.P., which is duly recognized institute by the Central Government, as would be evident on perusal of the letter dated 18th of December, 1984 written by the Government of India in the Ministry of Education and Culture, Department of Education and addressed to the Registrar, Gandhi Hindi Vidhyapith Prayag U.P. vide Annexure -4 to the writ application. The said letter is in reply to a query made by the Gandhi Hindi Vidhyapith, Prayag, U.P. in connection of the recognition of Baby Teachers Certificate Course is equivalent to the Basic Teachers Training.