LAWS(PAT)-2019-10-94

SURENDRA KUMAR SHARMA Vs. BIHAR SCHOOL EXAMINATION BOARD

Decided On October 17, 2019
SURENDRA KUMAR SHARMA Appellant
V/S
BIHAR SCHOOL EXAMINATION BOARD Respondents

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondents to issue admit-card to the petitioners and allow them to appear in D.EL.Ed. two years Teachers Training Final Examination, 2019 by holding Special Examination for them and thereafter, publish the result before 31.3.2019.

(2.) The brief facts of the case, according to the petitioners, are that the petitioners passed Bihar Elementary Teacher Eligibility Test-2011, whereafter the petitioner no. 1 was appointed as Panchayat Teacher vide letter dated 14.10.2014 and the petitioner no. 2 was appointed as Block Teacher vide letter dated 14.11.2014 whereupon the petitioners have been working without any break. It is the case of the petitioners that they were untrained at the time of their appointment and the minimum qualifications prescribed for appointment in Primary/Middle school is intermediate pass and having passed two years teachers training course, however, Section 23 of The Right of Children to Free and Compulsory Education Act, 2009 provides for relaxation in the training qualification for five years, which was initially extended upto the month of March, 2015 and thereafter, vide an amendment in the year, 2018, the same was extended upto 31.3.2019. The petitioners are stated to have taken admission in two years D.EL.Ed. Course, Session 2017-19 in the Primary Teachers Training College, Ghoghardiha, Madhubani which is a Government Institution, on 15.7.2017. The petitioners are said to have been relieved from their school for the purposes of joining the said training course, whereafter, they had joined training course at the Elementary Teachers Training College, Ghoghardiha, Madhubani and had completed their training course of two years on 31.01.2019 and then, they were relieved from the training college vide letter dated 31.1.2019.

(3.) It is the further case of the petitioners that the last date for submission of fee and form, for D.EL.Ed. Examination-2019 was from 2.2.2019 to 7.2.2019, which was to be submitted with the Principal of the Training College. The examination of the D.EL.Ed. Course was to be held from 5.3.2019, hence, the petitioners had approached the Principal of the College for grant of admit-cards, however, they were not issued the admit cards on the pretext of some online failure. In such view of the matter, the petitioners, having left with no option, have approached this Court for needful directions.