SUBRATA KUMAR GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners, who had completed B. Ed. course from sevayatan Shiksha Mahavidyalaya. Jhargaon affiliated to Vidya sagar University, Midnapur, West Bengal duly recognized by the university Grant Commission and also by the State of West Bengal, applied for appointment to the post of primary trained teachers in primary schools situated within the territory of the State of jharkhand, pursuant to advertisement, published by Jharkhand public Service Commission (JPSC), Ranchi in the newspaper 'the hindustan' on 28th August, 2002. Admit cards on being issued to them, they appeared in the written examination held on 27th May, 2003 and came out successful. Later on, a notice was published in the newspaper 'the Dainik Jagran' issued under the signature of the Secretary, Primary and Secondary Education, Human Resources development Department, Government of Jharkhand, Ranchi whereby it was informed that all the selected candidates should remain present in the office of the District Superintendent of education, East Singhbhum, Jamshedpur along with their all original certificates and self-attested Xerox copies of all the testimonials on the specified dates, as shown in respect of such candidates. Accordingly, petitioners appeared and produced relevant certificates, such as, B. Ed. certificate etc. but they were not provided with letters of appointment. However, they were again called for along with certificates, showing affiliation of their respective Training Colleges, which, according to petitioners, were produced on 27th January, 2004 before the District Education officer, but still letters of appointment were not issued in their favour. Thereafter the petitioners and ten others moved before this Court, vide W. P. (S) No. 1311 of 2004 for a direction to the respondent to appoint the petitioners but that application got dismissed holding therein that the matter relates to appointment to the post of primary teacher which is squarely covered by the judgment dated 4th March, 2004 passed in W. P. (S) No. 588 of 2004 and analogous cases. In the said case learned Single Judge by judgment dated 4th March, 2004 had held that as the petitioners have not passed Teachers Training course from an institute recognized by the National Council for Teachers Education (hereinafter to be referred as 'n. C. T. E), they are not entitled to any relief as requisite qualification, i. e, degree/diploma/ training certificate needs to have from an institute recognized by the n. C. T. E. Similar was the case with the petitioners, as the institute from where the petitioners have passed B. Ed. examination was not recognized by the N. C. T. E.

(2.) BEING aggrieved with that, the petitioners preferred an appeal, bearing L. P. A No. 489 of 2004 which was heard and was disposed of on 31. 3. 2005 holding therein that examination conducted for B. Ed degree by a University against the provision as contained in section 16 read with section 14 of the N. C. T. E. Act, 1993, cannot be treated to be recognized degree for the purposes of appointment as Teacher in a Primary School. However, as there was no pleading as to whether Teachers Training Institute from where the appellants have completed Bachelor of Education after july, 1995 are recognized by the N. C. T. E or not, the case of the appellants was remitted to the Secretary, Primary and Secondary education, Human Resources Development Department, government of Jharkhand, Ranchi to consider as to whether petitioners are fit to be appointed to the post of Primary Teachers in Primary School in the State of Jharkhand on determining as to whether the institute from where the petitioners had passed bachelor of Education Examination was recognized by the N. C. T. E or not. Thereupon, the petitioners made representation before the secretary, Primary and Secondary Education, Human Resources development Department, Government of Jharkhand, Ranchi, whereupon respondent no. 3 passed an order on 19. 5. 2005 (Annexure 7) rejecting the claim of the petitioners and others on the ground that the institute from where the petitioners completed b. Ed. course is not a recognized institute by the N. C. T. E but, according to petitioners, respondent no. 3 failed to take into consideration that the institute was duly recognized by the Vidya sagar University, which University is recognized by the University grant Commission and also by the State of West Bengal.

(3.) BEING aggrieved with the said decision as contained in annexure 7, the petitioners did file this writ application. During the pendency of this writ application, as certain developments with respect to recognition of the B. Ed. decree related to the institute from where the petitioners did pass B. Ed examination, took place, an interlocutory application was filed through which those facts were brought on the record wherein it has been stated that Eastern Regional Committee, National Council for Teacher Education in exercise of power as contained in Section 18e of the amended Act (N. C. T. E Act, 2006) has validated the degree of the institute from where the petitioners had passed B. Ed examination with effect from 1995-96 and onwards which order (Annexure 8) has even been published in the Gazette of India. On account of change of the situation, whereby degree of B. Ed. given by the institute from where petitioners passed B. Ed. examination were validated with effect from 1995-96, submission was advanced on behalf of the petitioners that petitioners having passed B. Ed. examination of the sessions 1996-97, can be said to be eligible on the date of examination held for appointment of the primary Teachers in the Primary Schools of the State of Jharkhand and, as such, petitioners are fit to be appointed on the post of primary Teachers.