ABBAS ALI Vs. STATE OF JHARKHAND & ORS

JUDGEMENT

(1.) Petitioner, in this writ application, has prayed for a direction upon the respondents to issue him a letter of appointment and to give him a suitable place of posting on the post of Trained Primary Teachers, on the basis of his being declared successful in the competitive examination held by the JPSC.

(2.) The facts of the petitioner's case is as follows:-

(3.) Learned counsel for the petitioner would submit that the petitioner had obtained the B.Ed. Training from a College, which was duly recognised by the Bardwan University under the State of West Bengal, which is valid in law and the respondents cannot refuse to acknowledge the same on the ground that the institution from where the petitioner had obtained the B.Ed. Training, was not duly recognised by the NCTE. Learned counsel argues further, that while an identical certificate issued by the same university to his colleague, Md. Jamaluddin Mandal was acknowledged and accepted by the respondents, no reason has been assigned as to why the petitioners certificate has not been acknowledged. Learned counsel adds further that the Kalna College in Bardwan West from where the petitioner obtained his B.Ed. Training, was accorded permission by the Eastern Regional Committee, National Council for Teachers Education, vide their Notification dated 8.12.2006, to participate in the Examinations to be conducted by the affiliated Universities concerned for the year 2005-06, in respect of the students enrolled by the principal institution for the said Course. Learned counsel submits that in the light of the above Notification, the Eastern Regional Committee of the NCTE., have validated the qualification of students with retrospective effect passed in different years from the institution mentioned in the Notification, including the Kalna College, Bardwan West Bengal. The certificate issued by the Institution is therefore, deemed to have been validated under the provisions of Sec. 18-E of the NCTE Act. Learned counsel adds further that the petitioner was a bona fide student of B.Ed. course in the Kalna College for the academic session 1997-98. His B.Ed. Degree was duly recognised by the NCTE., Bhubanshwar vide its order dated 15.1.2007 (Annexure-9). Referring to the Full Bench judgment of this Court in the case of Md. Sajjad Ali and others Vs. State of Jharkhand and others, reported in 2008 (3 JCR) 208 (Jhr)(FB) , Mr. Rajiv Ranjan, learned counsel for the petitioner would submit that this Court has held that applications could be entertained even from candidates, who had not passed the B.Ed. Examination on the date of application and they should be allowed to appear at the Examination conducted by the JPSC, though their appointment could be made subject to their passing the B.Ed. Training Examination. In the present case, the petitioner has passed the B.Ed. Examination from the Institution, which was duly recognised by the Bardwan University and later, by the Eastern Regional Committee of the NCTE and therefore, the respondents could not have rejected the petitioners B.Ed. Degree. Learned counsel submits further, that an amendment in the NCTE Act, 1993 was made by way of an ordinance No. 2 of 2006, which was published in the Official Gazette on 11th Sept., 2006, whereby the qualification obtained by students, who have obtained the Teachers Training Course from the institutions before the specified date, i.e. prior to the date when the NCTE Act came into force, have been validated under the provisions of sub-section (4) of Sec. 18-B or sub-section (4) of Sec. 18-C of the Act. The petitioner had obtained his B.Ed. Degree for the Session 1995-97. Though on the relevant time, the College was not recognised under the NCTE Act, but the recognition was given to lit subsequently and therefore, it has to be deemed that the B.Ed. Certificate issued by the University concerned, has been validated under the provisions of the amended provisions of the Act, as declared by the ordinance.