Research › Search › Judgment

Patna High Court · body

2005 DIGILAW 374 (PAT)

Arbind Nath Tiwari v. State of Bihar

2005-03-30

body2005
ORDER The petitioner has challenged the procedure specially with regard to the eligibility criteria made by the State Government regarding appointments of eighty thousand Panchayat Siksha Mitra under the Central Government sponsored scheme known as Sarva Shiksha Abhiyan (hereinafter referred to as the SSA) on the ground that that is contrary to the regulations of the National Council For Teachers Education. The Central Government has released Rs. 935 crore for the said purpose. But unfortunately no progress has been made and the matter is still pending for some reason or the other. 2. It appears that there was a controversy between the State Government and the Central Government also as to the eligibility criteria etc. for appointments of teachers or para teachers under the aforesaid scheme. Thereafter, the matter has been clarified by a letter of the Secretary, Ministry of Human Resources Development Department, Government of India, dated 10th December, 2003. It is useful to quote the relevant two paragraphs of the said letter, which runs as follows: "As recommended in the guidelines of Sarva Shiksha Abhiyan (SSA), recruitment of teachers in decentralized mode is a preferred mode. The cadre should be district level or preferably a block level only, the appointment authority can be Village Education Committee or the Block Education Committee and in urban areas, the Municipal or the Ward Education Committee. Since the recruitment rules have not been changed, the eligibility for candidates may continue as matriculation but preference be given to those who have intermediate (class XII) qualification and those having Diploma in Education or B.Ed. should be given additional weightage. Only where the Village Education Committee or the Block Education Committee as the case may be for appointment authority, finds that there is no Diploma in Education or a B.Ed., that it should take candidate with minimum intermediate (class XII) as academic qualification. In rarest of the rate cases only where a women candidate with requisite educational qualification of class XII is not available that a woman with high school may be considered for a teacher/para-teacher. It is only in common parlance that we use the word para-teachers for those who at the time of recruitment may not be having pre-service academic qualification. In rarest of the rate cases only where a women candidate with requisite educational qualification of class XII is not available that a woman with high school may be considered for a teacher/para-teacher. It is only in common parlance that we use the word para-teachers for those who at the time of recruitment may not be having pre-service academic qualification. Therefore, even if a person recruited as a "Para-Teacher" he should have the academic qualification lest at a later date when demand' comes for regularization he can be asked to acquire professional qualification through distance education made and then with the requirement of minimum length of service, academic qualification and professional qualification and satisfactory performance that he may be considered to be taken into the regular grade of regular teacher. Once the para-teachers are so recruited with minimum intermediate (class XII) academic qualification and in rarest of the rare cases to have only class X qualification, the State Government through their DIETs and SCERTs may submit programme for upgradation of academic and professional qualifications of these para-teachers. The persons with only matriculation qualification must first take two years distance education programme for class XII while they are on the job so that they become eligible to be given the necessary pre-service professional qualification later on. For those who have completed class XII and do not have diploma in education, a special programme devised for this purpose by the SCERT in consultation with Indira Gandhi National Open University (IGNOU) may be organized for a minimum one year duration so that these para-teachers who have the minimum two years of job experience can be given a special certificate or diploma as may be considered by NCTE to be deemed equivalent to a diploma for the purpose of regularization, confirmation and promotion as elementary school teachers." 3. After going through the aforesaid paragraphs it is clear that persons with intermediate qualification and having Diploma in Education or B.Ed., should be appointed first and only in case of they being not available para-teachers should be appointed with minimum qualification of Intermediate (class XII) and so far women are concerned if women with requisite qualification of Class XII are not available then a woman with high school may be considered for appointment as a teacher/para-teacher and after appointment, as mentioned in the letter, efforts will be made to upgrade their academic and professional qualifications. 4. 4. Taking into consideration the aforesaid facts, we are of the view that now the eligibility criteria laid down by the State Government requires to be modified in the sense that the persons with Intermediate qualification and having a Diploma in Education or B.Ed. from recognized institutions should be appointed first and in case of their being non-availability persons having minimum qualification of intermediate (class XII) should be appointed as para-teachers and thereafter the efforts should be made to train them as provided in the letter. Accordingly, let a corrigendum by the State Government be published in terms of the order passed by this court. 5. With the aforesaid observation, this application stands disposed of. 6. Let a copy of this order be given to the Additional Advocate General II and the Counsel for the Union of India.