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2008 DIGILAW 653 (CAL)

Sujata Dasgupta v. State of West Bengal

2008-07-04

JAYANTA KUMAR BISWAS

body2008
JUDGMENT The petitioner in this writ petition dated July 22, 2004 is seeking a mandamus commanding the respondents to approve her appointment to the post of head teacher in Biplabi Kshudiram Pally G.S.F.P. School, Kolkata - 700 054. 2. Her case is this. On March 5, 1998 her appointment as assistant teacher in the school was approved by the competent authority. On April 30, 2004 Purnima Lahiri, the head teacher of the school, retired. By a resolution dated April 15, 2004 the Managing Committee of the school had decided that after Purnima's retirement she would work as the teacher-in-charge. Accordingly, with effect from May 1, 2004 she started working as the teacher-in-charge of the school. Though she possessed the qualifications M.A., B.Ed., more than the requisite qualifications, and hence was entitled to be considered for the post of head teacher, the primary school council did not consider her case. Having worked as teacher-in-charge in the school and possessed qualifications higher than the requisite prescribed qualifications, she is entitled to be appointed as head teacher in a primary school. 3. The Council has filed an opposition dated December 23, 2004 contending that having not possessed the prescribed training qualification, she was not eligible for the post, though she possessed a higher B.Ed. qualification. 4. The only question for decision is whether the petitioner, possessing a B.Ed., degree, and not a Junior Basic Training Certificate or a Primary Teacher's Training Certificate, or a degree equivalent to either of them, was and is entitled to be considered for appointment to the post of head teacher. 5. Appointment to the post of head teacher in the primary schools in the state is governed by the West Bengal Primary School Teachers Recruitment Rules, 2001, Rule 17 whereof provides as follows : ''The Council shall appoint head teachers in every primary school within the jurisdiction of the Council, from a panel of senior-most primary teachers possessing requisite qualifications as laid down in sub-rule (1) and sub-rule (2) of Rule 6 and who have obtained a Junior Basic Training Certificate or Primary Teacher's Training Certificate or equivalent." 6. On the strength of an unreported Single Bench decision of this Court dated March 18, 2002 in W.P. No. 2698(W) of 2002 (Smt. Kanchan Dhar v. State of West Bengal & Ors.), counsel for the petitioner submits that B.Ed. On the strength of an unreported Single Bench decision of this Court dated March 18, 2002 in W.P. No. 2698(W) of 2002 (Smt. Kanchan Dhar v. State of West Bengal & Ors.), counsel for the petitioner submits that B.Ed. qualification being a qualification higher than the training qualifications mentioned in Rule 17, there is no reason to say that the petitioner did not possess the requisite qualifications for appointment to the post of head teacher. I am unable to agree with him. According to Rule 17 the candidate must possess either anyone of the specifically mentioned qualifications or any other qualification equivalent to the ones specifically mentioned in the rule, and not any higher or lower qualification. 7. The higher B.Ed. degree qualification that the petitioner possesses may be relevant for any other purpose, but not for the purpose of appointment to the post of head teacher in a primary school for which the makers of the law in their wisdom decided that the lower training qualification mentioned in Rule 17 would be the appropriate qualification. If the petitioner's contention is entertained, that, in my opinion, will amount to re-writing the provisions of Rule 17 for inserting therein the provision that even a qualification higher than the ones mentioned in the rule will be sufficient to make the candidate concerned eligible for the post of head teacher. 8. Counsel for the council has rightly referred me to the Apex Court decision in P.M. Latha & Anr. v. State of Kerala & Ors., 2003 (3) SCC 541 . There P.M. Latha & Ors., some unsuccessful candidates, possessing Teacher's Training Certificate, a qualification prescribed for the posts of lower primary and upper primary teachers in Government Schools in the State of Kerala, contended that the candidates who possessed the B.Ed., qualification, a qualification higher than the Teacher's Training Certificate, but not the TTC, could not be considered eligible and selected for' appointment to the posts. 9. Upholding the contention their Lordships said (in para 10 of the report) : "We find absolutely no force in the argument advanced by the respondents that B.Ed. qualification is a higher qualification than TTC and therefore, the B.Ed. candidates should be held to be eligible to compete for the post." 10. 9. Upholding the contention their Lordships said (in para 10 of the report) : "We find absolutely no force in the argument advanced by the respondents that B.Ed. qualification is a higher qualification than TTC and therefore, the B.Ed. candidates should be held to be eligible to compete for the post." 10. This being the position, I hold that the authorities committed no wrong by not considering the petitioner for empanelment for appointment to the post of head teacher in any primary school within the jurisdiction of the council. I also hold that simply by working in the school as teacher-in-charge, as claimed by the petitioner, she did not become entitled to get appointment to the post of head teacher. She will be entitled to be considered for the post, only if she acquires the requisite qualifications. 11. For these reasons, the writ petition is dismissed. There shall be no order for costs. Urgent certified xerox copy of this order, if applied for, shall be supplied to the parties on the usual undertakings, within three days from the date of receipt of the file by the section concerned.