Research › Search › Judgment

Jharkhand High Court · body

2005 DIGILAW 580 (JHR)

Birendra Kumar Yadav v. State Of Jharkhand

2005-08-05

SUDHANSU JYOTI MUKHOPADHAYA

body2005
ORDER S.J. Mukhopadhaya, J. 1. This case relates to appointment to the posts of Primary Teacher. The grievance of the petitioners is that though they are eligible for appointment but letters of appointment have not been issued in their favour. 2. As the writ petition can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one. 3. The 1st petitioner is M.A. and also obtained B.Ed. degree from B.N. Mandal University, Madhepura (hereinafter referred to as the University) and the 2nd petitioner is graduate in science and also obtained B.Ed. degree from the same University. Both the petitioners have completed B.Ed. study in Ahmadia B.Ed. College" Katihar (1st Petitioner) and Rahmate Alam B.Ed. College, Madhepura (2nd Petitioner) respectively, which are affiliated colleges of the University. They appeared in B.Ed, examination held by the University in February, 1997 of which result was "declared on 9th January, 1998. 4. Counsel for the petitioners submitted that though they have been declared successful in the written test but they have not been appointed and similarly situated persons have already been appointed by the State. 5. Counsel for the State submitted that the petitioners cannot be appointed, as there appears that the colleges, from which they have passed, have not been recognized by the National Council for Teachers Education (hereinafter referred to as NCTE). 6. Similar issue fell for consideration before the Division Bench of this Court in the case of Dilip Kumar Gupta and Ors. v. State of Jharkhand and Ors. and analogous cases, reported in 2005 (2) JCR 293 (Jhr), wherein the following observations made and finding given : "In the facts and circumstances, having regard to the guidelines, issued by the State from to time, and the provisions of the Ordinance Acts and Rules, as discussed above, in my considered opinion : (a) "Recognized Institute" means an institution recognized or established by State Government or Union Government or by Statutory Bodies/Organisations, maintained and controlled by either State Government or Central Government or recognized University or affiliated by a recognized University for imparting education (training herein) (b) After 1st July, 1995 or at best for another period of six months Le. after 1st January, 1996 nobody, offering a course or training in Teachers Education, can run the institute without prior recognition by the N.C.T.E., there being bar to run such institute under subsection (1) to Section 14 of the N.C.T.E. Act, 1993; (c) Even if a Teachers Training Institute is affiliated to a University, recogniszed by the University Grant Commission, no Teachers Training Examination can be held by the University whether provisional or otherwise, for the students of such Teachers Training College after 1st January, 1996, if the institute is not recognized by the N.C.T.E., in view of clause (b) to Section 16 of the N.C.T.E. Act, 1993; (d) A person, who has completed and obtained a Degree/Diploma/Certificate in Teachers Training Course prior to 31st January, 1996, i.e. six months after promulgamation of the N.C.T.E. Act, 1993 from an institute, recognized or established by the State Government or Union Government or by Statutory Bodies/Organisations, maintained and controlled by either State Government or Central Government or recognized University or affiliated by a recognized University for imparting Teachers Training Education, is eligible for appointment to the post of Primary Teacher, if otherwise found fit." 7. Admittedly, N.C.T.E. Act, 1993 came into effect since 1st July, 1995. After promulgamation of the said Act, particularly six months thereafter i.e. from 1st January, 1996, no University had jurisdiction to hold examination of students of unrecognized Institutions, there being prohibition under Section 16 of the N.C.T.E. Act, 1993. Admittedly, both the petitioners appeared from two minority Institutions much after 1st July, 1995 and passed examination in January, 1998. There is nothing on the record to suggest that the colleges, namely, Ahmadie B.Ed. College, Katihar and Rahmate Alam B.Ed. College, Madhepura were recognized by N.C.T.E. under Section 14 of the Act, 1993. 8. Having regard to the facts, as referred above, the colleges from which the petitioners appeared in B.Ed examination being not recognized by N.C.T.E, the University, had no jurisdiction to hold B.Ed, examination of the students after 1st July, 1995/Ist January, 1996 nor any B.Ed, degree given by the University in respect to students of such colleges can be recognized for the purpose of appointment of Primary Teachers in the State. In the result, no relief can be granted. There being no merit, this writ petition is dismissed.