Binod Kumar Singh v. State of Bihar — 1995 DIGILAW 332 (PAT)

Order The common question of law involved in these two writ petitions is whether a 'physical trained teacher' is entitled to the scale of 'trained teacher'. In other words, whether a certificate or diploma or degree in physical education stands at par with diploma or degree in education for the purpose of scale of pay. In CWJC No. 6947 of 1994 the claim is for the scale admissible to trained teachers. In CWJC No. 4603 of 1994, the petitioner was earlier allowed the scale which was later cancelled. The question being a pure question of law, it is not necessary to state the facts of the case. 2. Mr. Rajendra Prasad Singh, counsel for the petitioners in C.W.J.C. No. 6947 of 1994 in support of their claim referred to certain Circulars of the State Government. They are letter no. 1471 dated 27.5.55, letter no. 2060 dated 15.6.65, letter no. 885 dated 29.11.80, letter no. 6066 dated 24.11.86 as well as judgments of this Court in Kumar Kant Choudhary vs. State of Bihar ( 1979 BBCJ 184 ) and Jaganandan Singh and others VS. State of Bihar (CWJC No. 8481 of 1990) disposed of on 18.1.95. Mr. Shashidhar Jha, learned counsel appearing in the other case adopted the arguments of Mr. Singh. 3. Counsel stated that in 1955 the State Government took a policy decision to impart physical training to the students at the school level and accordingly made provision for appointment of one graduate holding diploma in physical education as Assistant Master in charge of physical education, boy scouting, health •etc. By letter dated 27.5.55 (supra) issued in this regard it was made clear that the graduate teacher holding diploma in physical education would be treated as 'trained'• graduate in the matter of salary and emoluments. At the time of fixation of the upgraded model scale of pay, the 'trained' graduates and the graduates in physical education were trained at par by letter no. 2060 dated 15.6.65. Counsel stated that a dispute arose as to whether physical" education teachers could be promoted as Headmaster or Assistant Headmaster (a post then in existence in secondary schools) which was decided in their favour in the case of Kumar Kant Choudhary (supra). The Government took a policy decision in the light of the said judgment, vide letter no.6066 dated 24.11.86. Counsel stated that a dispute arose as to whether physical" education teachers could be promoted as Headmaster or Assistant Headmaster (a post then in existence in secondary schools) which was decided in their favour in the case of Kumar Kant Choudhary (supra). The Government took a policy decision in the light of the said judgment, vide letter no.6066 dated 24.11.86. In the said letter the Government made it clear that teachers in physical education and the trained' teachers were to be treated alike in all respects. 4. On behalf of the respondents it has been pointed out that the aforesaid letters/circulars have been issued with respect to secondary schools. It has categorically been stated by the Director, Primary Education in his affidavit that the secondary schools and elementary schools are different educational institutions with different set-ups having separate service rules etc. The Rules and Circulars issued with respect to the secondary schools are not applicable to elementary schools and vice-versa. While in secondary schools there is subject-wise appointment and physical education being one of the subjects there is provision for appointment of physical trained teacher, in elementary schools teachers are supposed to teach all the subjects. There is thus no provision for appointment of teacher in particular subject including physical education in elementary schools. 5. The affidavit further states that in order to promote extra-curricular activities such as games, sports, physical exercise amongst students in the Takenover elementary schools, the Government has taken decision to appoint teachers in physical education in elementary schools. By letter no. 197 dated 17.2.81 5% posts of assistant teachers have been reserved for them. Appoit1tments however, are to be made against vacancies arising on account of death, retirement etc. and no post is to be created for the same. By letter no. 307 dated 12.2.85 it has been made clear that they are not to be allowed the scale of 'trained' teachers till they acquire the necessary qualification of training in education. 6. The affidavit also states that it is the intention of the State Government to give scale of 'trained' teachers to physical trained teachers as well as that their professional efficiency may be raised to the level of general teachers. But such scale can be granted only after they acquire the qualification. The syllabus of physical education course and that of teachers training course are entirely different. But such scale can be granted only after they acquire the qualification. The syllabus of physical education course and that of teachers training course are entirely different. Therefore, to enable the teachers in physical education in elementary schools to raise their level so that they may teach all subjects like other general teachers, it is necessary that they must acquire the knowledge of methodology, principles of education, educational psychology etc. without which they cannot acquire the desired proficiency for teaching. 7. Attention has also been drawn to the provisions of the Bihar. Elementary Schools (Appointment) Rules, 1991 as per which only trained teachers are entitled to the Matric trained scale. The rules envisage appointment of untrained teachers but on the condition that they will undergo the 'training' and pass the examination within the specified period. 8. From the above narration of facts it is clear that the secondary schools and the elementary schools do not stand at par. As institutions imparting education they are distinct from each other. The method of teaching is different and so is the staffing pattern. At the primary level, a teacher is supposed to teach all subjects and, therefore, there is no subject-wise appointment. At the secondary level teaching is more of specialisation and therefore appointments of teachers are made subject-wise. In secondary schools there are sanctioned posts of teachers in physical education and the prescribed qualification for appointment to that post is diploma or degree in physical education. In elementary schools there is no such sanctioned post. 9. Counsel for the petitioners was not in a position to counter the stand of the respondents that the circulars issued with respect to secondary schools are not applicable to elementary schools. The circulars/letters relied upon by the counsel for the petitioners except letter no. 885 dated 29.11.90 relate to secondary schools. Letter No. 885 dated 29.11.80 does mention that teachers in physical education in elementary schools will also get the scale of trained teachers but as was rightly pointed out by the counsel for the respondents, the letter merely incorporates the minutes of the proceeding of a Committee. 885 dated 29.11.90 relate to secondary schools. Letter No. 885 dated 29.11.80 does mention that teachers in physical education in elementary schools will also get the scale of trained teachers but as was rightly pointed out by the counsel for the respondents, the letter merely incorporates the minutes of the proceeding of a Committee. The Government decision in this regard is contained in Circular No. 197 dated 17.2.81 paragraph 7 of which categorically states that graduate teachers in physical education will be reckoned to be equivalent to Matric trained teachers but they will not be entitled to the benefits of Matric trained scale until they acquire the requisite qualification, namely Bachelor of Education. 10. The above policy is being followed since the very beginning. Circular No. 690 dated 17.2.66 which is perhaps the earliest circular on the point, with respect to elementary schools, also contained similar provision. It noted the importance of physical education as a part of elementary schools curriculum and the fact that the physical trained teachers were not being appointed as they were not trained. The State Government after considering the matter took a decision to appoint such persons who had done 9 months' course in physical education as teachers in elementary but they would be entitled to the scale of 'trained' teacher only after successfully completing the training course in a primary teachers' training school. The 1985 Circular, bearing no. 307 dated 19.2.85, also provided for two scales; Matric untrained scale (Rs. 535-765) to ordinary physical trained teachers and the Matric trained scale (Rs.580-860) to ordinary physical trained teachers and the Matric trained scale (Rs.580-860) to such physical trained teachers who have done two years' teacher's training course in elementary school. 11. The term 'training' in the context connotes qualification of Degree or Diploma in Education, called teachers' training, and the term 'trained' means a person who has successfully completed the teacher's training course and has got the certificate (B.T./T.T. granted by the Bihar School Examination Board at the Primary Level) or Diploma/ Degree (Dip. in Ed/B.Ed./M.Ed.) granted by the University. Some confusion appears to have arisen as physical training (a loose expression for physical education) is sometimes understood as akin to teachers' training, which is not correct. Physical Education and Education are two different subjects. Teachers' training is a specialised professional course with emphasis on methodological aspects of teaching. 12. in Ed/B.Ed./M.Ed.) granted by the University. Some confusion appears to have arisen as physical training (a loose expression for physical education) is sometimes understood as akin to teachers' training, which is not correct. Physical Education and Education are two different subjects. Teachers' training is a specialised professional course with emphasis on methodological aspects of teaching. 12. It is permissible to link pay with the qualifications (See A.I.R. 1988 Supreme Court, 349) and, therefore, granting higher scale to 'trained' teachers can in no way be said to be arbitrary. The circulars of the State Government are clear and leave no room for doubt that teachers in physical education or 'physical trained' teachers not possessing the requisite qualification in teachers' training are not entitled to the 'trained' scale. 13. Recently, a Division Bench of this Court in cases relating to Project Schools CWJC No. 10397 of 1992 and analogous cases (Kumud Kumari Srivastava. vs. State of Bihar & ors.) disposed of on 1.5.95 [ 1995 (2) PLJR 215 ] dealing with similar claim has observed : "The petitioner has a certificate/degree in physical training and on that basis tries to present herself as possessing the minimum qualification of 'trained graduate'. The contention is wholly untenable. In the light of what has been stated above, Education is altogether a different subject than physical training and what is required by way of minimum qualification is a degree of Bachelor of Education and any certificate or degree in physical training. Hence anyone possessing any certificate or degree in physical 'training cannot claim to fulfil the minimum qualification." 14. The judgment in 1979 BBCJ 184 was rendered in the context of a secondary school teacher and so far as the judgment in the case of Jagnandan Singh & ors. (supra) is concerned, it would appear that no counter affidavit was filed on behalf of the State and the State counsel conceded before the Court that a physical trained teacher is entitled to the Matric trained scale. The aforementioned aspects of the matter were not brought to the notice of the learned Judge. The judgment was thus passed in ignorance of the relevant provisions and, therefore, does not have any binding force as a precedent. 15. The aforementioned aspects of the matter were not brought to the notice of the learned Judge. The judgment was thus passed in ignorance of the relevant provisions and, therefore, does not have any binding force as a precedent. 15. For the reasons stated above, the question framed at the outset is answered in the negative and it is held that teachers in physical education not possessing the requisite certificate, diploma or degree in education, cannot be said to be trained teachers and are not entitled to the scale of trained teachers until they acquire the requisite qualification. The claim of the petitioners is thus not maintainable. 16. The writ petitions are accordingly, dismissed.