BIDHU NATH ACHARYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as learned counsel for the respondents. The petitioners by way of filing the above mentioned two petitions under Article 226 of the Constitution of India have prayed for quashing/setting aside the office order as contained in Memo No. 07/Sahebganj dated 4.1.2006 passed by the District Superintendent of Education, Sahebganj; whereby, the pay scale of the petitioners have been reduced from 4500-7000/5000-8000 to 3050-4590, i.e. in the initial pay scale drawn by a teacher in primary school.

(2.) The shorts facts of the case are as under:-

(3.) The respondent No. 5 has filed counter affidavit stating inter alia that the petitioners and others have obtained their teachers' training certificate from an unrecognized institution namely David Hare College of Correspondence, Kolkata. The Government of Bihar published a notification in which a Bihar Taken Over Elementary School Teachers' Promotion Rules, 1993 came into effect retrospectively from January 1986 and the petitioners of these petitions obtained certificate in the year 1987-88 of teachers training which was not recognized institute from the UGC or the State Government. In Clause 13(i) of the aforesaid notification (gazette) of promotion Rule, 1993 it is clearly mentioned and directed that an untrained teachers shall not be eligible for promotion to any of the grade. It is further submitted that the writ petitioners have been appointed in the year 1988 and some of them have been reappointed in the year 1995 and 1997 and they obtained teachers training certificate in the year 1987-88 and the Promotion Rule 1993 notified in the year 1993 but it has been made effective retrospectively from 1986 and thereafter a National Council for Teachers Education Act, 1993 has came into force. It is submitted that David Hare College of correspondence, Kolkata and eight others institutions of Kolkata have not been recognized by the NCTE Act, 1995. However, the then District Superintendent of Education, Sahibganj by ignoring the Promotion Rules 1993 and the NCTE Act, 1993 illegally and irregularly granted trained scale to the writ petitioners vide Memo No. 208 dated 12.5.99. The Secretary, Human Resources Development Department, Jharkhand also provided the guideline regarding the matter of teachers training institution and issued memo dated 16.2.2004. It is further submitted that this Court in LPA No. 235/2004 by order dated 30.3.2005 made certain observations regarding non-recognized institute and certificate issued by such institute while passing the order. It is submitted that the Hon'ble court also observed while passing the order in LPA No. 235/2004 that there is nothing on record to suggest that any of the institute of teachers training is either recognized by any of the State Government such as State of West Bengal or State of Bihar or State of Jharkhand or Central Government or any of the Statutory Body /institute or affiliated with any University. It is further submitted that therefore, those who have obtained such certificate of Sr. teacher's training course can not claim their appointment in terms of Recruitment Rules, 2002, read with Teachers Training Qualification laid down in the advertisement published by the JPSC in August' 2002. It is further submitted that certificate obtained by the petitioners of teachers training from unrecognized institution can not be called authentic and on that basis, the petitioners were illegally obtained trained scale between January 1983 to April 1991 and when it came to the knowledge of the authority, the authority concerned rightly reduced the trained pay scale of the petitioners as they are not entitled to the said pay scale and issued Memo No. 7 dated 4.1.2006.