SARBANI BOSE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order, contained in Memo No. 2292 dated 9th July, 2005, issued by the District Superintendent of Education, Singhbhum West, Chaibasa, whereby and whereunder, the provisional approval of appointment of the petitioner, as was given by the State, has been cancelled. Further prayer has been made by the petitioner to declare that the provisions of National Council for Teachers Education Act, 1993 (hereinafter to be referred as the N.C.T.E. Act), which came into effect since 1st July, 1995 is prospective and shall have no effect or abrogation to the accrued right of obtaining decree or diploma.

(2.) AS the case can be disposed of on short points, it is not necessary to discuss all the facts, except the relevant one. The petitioner is a Teacher of Ram Gopal Sen Primary Balika Vidyalaya, Chaibasa (hereinafter to be referred as the school), an aided private school. Prior to her appointment, she completed Teachers Training Course from one Dr. B.C. Roy College of Education, Calcutta and appeared at the Teachers Training Examination, held on 18th January, 1992 and having passed the examination, she was granted Senior Teachers Training Certificate on 6th May, 1992. The School, being in need of Trained Bengali Lady Teacher, issued advertisement in the newspaper on 7th September, 1993, inviting applications for the post of Matric Trained Bengali Lady Teacher. In pursuance of the said advertisement, the petitioner applied and was called for interview vide letter dated 11th November, 1993. Interview was held on 21st November, 1993 at 10.30 a.m. in which the petitioner appeared along with others. The Selection Committee having selected, the Secretary of the School issued letter of appointment dated 20th December, 1993, appointing the petitioner as Matric Trained Bengali Lady Teacher against the vacancy, occurred due to retirement of one Smt. Shobha Aikat. A copy of the same was also forwarded to the Superintendent of Education, Singhbhum West , Chaibasa, vide Memo No. 1 dated 23rd March, 1994 for its approval. The Superintendent of Education, Singhbhum West, Chaibasa, having found the appointment in order, accorded permission and approval of appointment by order dated 23rd July, 1994 with effect from 3rd January, 1994 i.e. the date, the petitioner joined the post. The petitioner was placed in the pay scale of Rs. 580 -860/ -, which was revised since February, 1997 and was paid salary in the scale of Rs.1200 -2040/ -.

(3.) THE petitioner having not been paid salary in the revised scale of pay with effect from March, 1997, had to move before this Court in C.W.J.C.No.3433 of 2000. Having noticed the facts and circumstances, a Bench of this Court vide order dated 6th March, 2002 remitted the matter to the Director, Primary Education, Jharkhand, Ranchi, to decide the claim. It was mentioned that if Dr. B.C. roy Education College, Calcutta, is recognized by the Government of West Bengal and similar Institution, namely, Sister Nivedita College, Calcutta, has been recognized and the teachers, trained from the said College, have been allowed the benefit by this Court, then he will do the needful relating to approval of the services of the petitioner. The respondents, thereafter, giving reference to the judgment, rendered by this Court in the case of Dilip Kumar Gupta and Ors, v. State of Jharkhand and Ors. , refused to grant approval and also cancelled the provisional approval, as was granted by the District Superintendent of Education letter No. 10014 -16 dated 23rd July, 1994 and communicated vide Memo No. 2292 dated 9th July, 2005.