KANDEY RAM PURTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) COUNSEL for the petitioner submitted that the petitioner has applied for the post of Teacher of Ho -language in primary schools and although he has cleared the examination, yet he has not been appointed and unnecessarily respondents are insisting that petitioners must have a B.Ed. Degree in Ho -language from a institution recognized by the N.C.T.E. In fact, there is no such Training School or college recognized by N.C.T.E., which gives B.Ed. Degree in Ho -language, but this fact of the matter has not been appreciated at all by the respondents. Hence, the respondents may be directed to issue appointment letters to the petitioner.

(2.) COUNSEL for the respondents submitted that looking to the public advertisement there are three requirements and one of these is that the petitioner must have a two years Teachers' Training or B.Ed./Diploma -in -Education/Diploma -in -Teaching/ C.P.D from an institution recognized by the N.C.T.E. The petitioner has cleared such examination from an institution, namely 'Mutul Ho Hayam Ppadir Jumpulaya' at Bara Jhikpani, Chaibasa and as this institution is not recognized by the N.C.T.E., petitioner can not be appointed as a Teacher in pursuance of the public advertisement at Annexure 4 to the memo of the petition. It is further submitted by the counsel for the respondents that the advertisement was not for selection of Teachers from the candidates having B.Ed./Diploma -in -Education/Diploma -in -Teaching/ C.P.D in Ho -language but from the candidates conversant in Ho -language and holding B.Ed./Diploma -in -Education/Diploma -in -Teaching/ C.P.D. The pre -requisite qualification was B.Ed./Diploma -in -Education/Diploma -in -Teaching/ C.P.D from an institution recognized by the N.C.T.E. The misunderstanding on the part of the petitioner appears to be that the advertisement was published only for the selection of teachers of Ho -language, which is factually incorrect as per the submission of the counsel for the respondents. It is reported by counsel for the respondents that in a primary school, a teacher has to teach different subjects to the tendered aged children, which needs a special training and therefore a two years Teachers' Training or B.Ed./Diploma -in -Education/Diploma -in -Teaching/ C.P.D from an institution recognized by NCTE is a must for the candidates aspiring to get selected as a teacher in a primary school. The subjects may be mathematics, History, Geography and the languages may be English, Hindi including Ho -language. Admittedly, petitioner does not possess B.Ed./Diploma -in -Education/Diploma -in -Teaching/ C.P.D certificate from an institution recognized by NCTE and therefore, he can not be appointed in a primary or secondary school as a teacher. 4. Having heard counsel for both sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following facts and reasons:

(3.) In view of these facts, as the petitioner does not possess the bare minimum qualification required by the respondents as per the public advertisement, petitioner can not be appointed in primary as well as secondary schools. 6. There is no substance in this writ petition, which is accordingly dismissed.