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2008 DIGILAW 1180 (JHR)

Bhudhar Shaw v. State of Jharkhand

2008-10-16

RAKESH RANJAN PRASAD

body2008
JUDGMENT R.R. Prasad, J. 1. The petitioner No. 1, who had completed B.Ed. course during 1996-97 from Panskura Banamali College, Panskura and petitioner No. 2 from Prabhat Kumar College, Kantai during 2001-02 both 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 6) 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. Being aggrieved with the said decision as contained in Annexure 6, the petitioners did file this writ application. 3. During the pendency of this writ application as certain developments with respect to recognition of the B.Ed. Being aggrieved with the said decision as contained in Annexure 6, the petitioners did file this writ application. 3. During the pendency of this writ application as certain developments with respect to recognition of the B.Ed. decree related to the institute from where the petitioners did pass B.Ed examination, took place, an interlocutory application was filed through which those facts were brought on the record wherein it has been stated that 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 decrees of the institutes from where the petitioners had passed B. Ed examination with effect from 1995-96 and onwards which orders (Annexure 7) has even been published in the Gazette of India. 4. On account of change of the situation, whereby degree of B.Ed. given by the institute from where petitioners passed B.Ed. examination were validated with effect from 1995-96 and onwards, submission was advanced on behalf of the petitioners that petitioners having passed B.Ed. examination of the sessions 199697/2001-02, can 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. 5. In support of her submission a decision rendered by a Full Bench in a case of Md. Sajjad Ali and Ors. v. State of Jharkhand and Anr. 2008(3) JCR 208 (Jhr) was referred to. 6. As against this, learned Counsel appearing for the State and learned Counsel appearing for the Jharkhand Public Service Commission submitted that the petitioners claim for their appointments on the post of Primary Teacher has been rejected on the ground that the institute from where the petitioners passed B. Ed. examination was not recognized by the N.C.T.E as the institute did hold examination for the year 1996-97, though Section 16 of the N.C.T.E Act, 1993 puts a bar on the institutions for imparting Teachers Training since January, 1996 without obtaining recognition from the N.C.T.E. 7. It was further submitted that even if N.C.T.E has granted recognition to the degree by the institute from where the petitioners passed B.Ed. It was further submitted that even if N.C.T.E has granted recognition to the degree by the institute from where the petitioners passed B.Ed. examination with effect from 1995-96 and onwards, it will not give any right to the petitioners as on the date of advertisement, the petitioners cannot be said to have degrees from the institute which was recognized by the N.C.T.E. 8. Having heard learned Counsel appearing for the parties, it does appear that the institute, Panskura Banamali College, Panskura and Prabhat Kumar College, Kantai, from where the petitioners got the degree of B.Ed. for the sessions 1996-97/200102 was recognized by the Vidya Sagar University, the University which had got recognition from the University Grant Commission as well as State of West Bengal but certainly the institute was not recognized by the N.C.T.E. It be stated that after the commencement of the N.C.T.E Act, 1993 every institution offering or intending to offer a course or training in Teachers Education on or after the appointed day, i.e., 1st July, 1995 was required to make an application in terms of Section 14 of the Act for its recognition by the N.C.T.E. However, under proviso to Sub-section (1) of Section 14 an institution offering a course of training in Teachers Education immediately before the appointed day, i.e, prior to 1stJuly, 1995 was entitled to continue such course or training for a period of six months that means up to December, 1995. 9. Thereafter, without recognition by the N.C.T.E, no institution, offering a course or training in Teachers Education can run the institute meaning thereby that since January, 1996 there is a bar to run an institute for offering a course or training in Teachers Education. Further Clause (b) to Section 16 also prohibits an Examining Body to hold examination, whether provisional or otherwise, for a course or training, conducted by an unrecognized institution. Further Clause (b) to Section 16 also prohibits an Examining Body to hold examination, whether provisional or otherwise, for a course or training, conducted by an unrecognized institution. In view of the aforesaid provisions of law, even if a Teachers Training Institute is affiliated to a University, which is recognized by the University Grant Commission, such as Vidya Sagar University etc., offering training course, if not recognized by the N.C.T.E., no examination can be held by a University, whether provisional or otherwise for the students who completed Teachers Training Course after January, 1996 and hence, any degree given after 1996 without having recognition by the N.C.T.E cannot be said to be a recognized degree for the purposes of appointment as Teacher in Primary School. However, Eastern Regional Committee N.C.T.E, Bhubaneshwar by virtue of provision as contained in Rule 6(5) made under the Amending Act validated qualification of the students with retrospective effect from 1995-96 and onwards and hence, question falls for consideration as to whether the petitioners would be entitled to be appointed on the post of primary teachers on the basis of degrees which have been validated with retrospective effect? The answer, in my view, would be in negative as it has been well settled that one should be qualified or having requisite qualification on the date of advertisement/on the date of appointment and not at a later stage unless rule to that regard permits. In this regard a case of Mohd. Sartj and Anr. v. State of Uttar Pradesh and Ors. AIR2006SC3492 may be referred to. 10. Admittedly, on the date of advertisement, petitioners' degrees were not recognized by the N.C.T.E and hence, they cannot be said to have had requisite qualification on the date of advertisement/date of appointment, though degrees have been validated with retrospective effect but that will have no bearing over the matter related to appointment, pursuant to advertisement made on 28.8.2002, though such degree can be recognized as a valid for the purpose of appointment, if it is made pursuant to advertisement issued after December, 2006. Moreover, the Government has again advertised the post of Primary Teachers to be filled up and pursuant to that, Jharkhand Public Service Commissioner has perhaps already held examination. Under these situations, I do not find any merit in this application. Hence, this writ application is dismissed. Application dismissed.