ASHOK KUMAR SHIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners no. 1 and 4, who had completed B. Ed. course from Tamralipta Mahavidyalaya, Tamluk, during the session 2000-01 and 1999-2000 respectively whereas petitioner no. 2 completed B. Ed. course from Sevayatan Sikshan Mahavidyalaya, jhargram in the session 1998-99, petitioner no. 3 completed B. Ed course from Prabhat Kumar College, Contai in he session 2000-01 and petitioner no. 5 completed B. Ed course from Vidyasagar teacher's Training College, Mednipur in the session 1998-99 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 posts 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 1) 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 2 series, the petitioners did file this writ application. Learned counsel appearing for the petitioners submits that after the claim of the petitioners for their appointments was rejected under Annexure 1, certain developments took place whereby Eastern Regional Committee, National Council for teachers Education in exercise of power as contained in Section 18e of the amended Act (N. C. T. E Act, 2006) has validated the degrees of the institutes from where the petitioners had passed B. Ed. examination with effect from 1995-96 and onwards which orders (Annexure 2 series) have been published in the Gazette of india and therefore, all the petitioners can now 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.