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Jharkhand High Court · body

2009 DIGILAW 176 (JHR)

Bishu Prasad Mahato v. State of Jharkhand

2009-02-04

D.G.R.PATNAIK

body2009
JUDGMENT Prayer in this writ application is for issuance of a writ of mandamus commanding upon the Respondent No. 5 namely the Regional Director, IGNOU to give workshop training to the students who have already appeared in the theory (POT) examinations for the Diploma to enable them to complete the Diploma in Primary Education and to publish the results of the D.P.E. within a time frame which may be stipulated by this Court. A further prayer has been made to issue a direction to the Respondent No. 4 to extend the last date mentioned in the Admit Cards allotted to the candidates for their appearing at the examinations which are scheduled to be held for the appointment to the post of Assistant Teachers in the various schools in the State. The petitioners have also prayed for issuing a direction to the Respondents to give conditional appointment to them, till the results are published by the IGNOU. 2. The respondent J.P.S.C. had published an advertisement No. 5/2007 in the local newspapers on 20.04.2007 inviting applications from the eligible candidates for appointment to the post of teachers in the primary schools fixing the last date for submission of application by 21.05.2007. By a subsequent advertisement, the last date for submission of application was extended till 21.07.2007 and similar extension from time to time was made till 27.10.2007 but with the stipulation that the candidates must submit the certificate of passing the D.P.E. and such other examinations, within a period of three months from the date of examination held by the J.P.S.C. The examinations were finally held by the J.P.S.C. on 10th August, 2008 and the period of three months from the date of examinations for submission of the certificates of passing the D.P.E. was to lapse on 9th of November, 2008. Subsequently the J.P.S.C. had, by another advertisement, allowed such candidates to apply who have appeared in the D.P.E. examinations although results thereof have not been published. The date for submission of the applications by such candidates was fixed as 12.11.2007. 3. The grievance of the petitioners is that in view of the fact that in the State of Jharkhand there are very few numbers of teachers’ training institutes/colleges, the petitioners had opted to complete D.P.E. course under the IGNOU. The date for submission of the applications by such candidates was fixed as 12.11.2007. 3. The grievance of the petitioners is that in view of the fact that in the State of Jharkhand there are very few numbers of teachers’ training institutes/colleges, the petitioners had opted to complete D.P.E. course under the IGNOU. The petitioners had completed theory papers but except the petitioner No. 3 who could very recently complete the workshop training and practice of teaching, the petitioner Nos. 1 and 2 could not complete such training on account of the fact that the IGNOU has not yet conducted the workshop training and practice of teaching by way of practical examinations. In absence of the workshop training and practice of teaching, the final D.P.E. results cannot be published. The petitioners contend that though they had joined the session which was scheduled to conclude by November, 2007, but it was on account of the delay on the part of the IGNOU that the session could not conclude and the practical examinations, both workshop training and practice of teaching, have not been conducted. The further contention of the petitioner is that though in pursuance to the advertisement published by the J.P.S.C., they had submitted their respective applications but in view of the insistence of the J.P.S.C. that within three months from the date of examinations, candidates have to submit their respective D.P.E. certificates, the petitioners, in absence of such certificates, are being rendered ineligible for their selection for appointment to the post of teachers. 4. A counter affidavit has been filed on behalf of the Respondent No.5. Explaining the details of the course programme for Diploma in Primary Education (D.P.E.), it has been submitted that the course was launched by the IGNOU since January, 2005 jointly with N.C.T.E. and IGNOU to impart training to untrained teachers in service, sponsored by the State Government. The course consists of several components referred to as Module-I, Module-II and Module-III followed by a ten days workshop, practice of teaching of 36 lessons, assignments under Module-III and S.B.A. for Module-II and Module-III. The duration of the entire course is divided into above mentioned three Modules, the first two Modules extending for six months each and the 3rd, for one year. However, the students have been allowed to complete all the components of the programme within six years. The duration of the entire course is divided into above mentioned three Modules, the first two Modules extending for six months each and the 3rd, for one year. However, the students have been allowed to complete all the components of the programme within six years. Referring to the petitioners individually, it is explained that the petitioner No. 1 was registered for the D.P.E. Programme in July, 2005 and had completed the theory portion of the course and had appeared at the end term examination in the month of June, 2007. He completed his workshop training during August, 2008 and the practice of teaching session is in progress. He has not completed the practical component of the course that is assignments for ES-221 and ES-222 and has also not obtained pass marks in practical-2 examination (S.B.A.). Petitioner No. 2 was registered in June, 2006 and had appeared for Module-III in December 2007. The workshop training for the petitioner No. 2 has been completed and thereafter he has to undergo the session for the teaching practice. He too has not completed the assignments in ES-221 and ES-222 and the practical-2 (S.B.A.-II). Further he has not acquired the passing grade in practical-1 (S.B.A.). Petitioner No. 3 was registered in the D.P.E. course in June, 2005 and has completed all the components of the course and the provisional certificate issued by the university has been dispatched to him. Explaining the delay caused in conducting the workshop training and practice teaching session, it is submitted that for the year 2005-06, as many as 29687 students were enrolled for the D.P.E. Programme conducted by the IGNOU. Due to lack of sufficient number of resource persons, the IGNOU had to undertake efforts to procure the resource persons on its own with the help of the teachers of the existing B.Ed colleges and the IGNOU has also deputed a team of qualified resource persons at Garhwa, Palamau, Latehar, Simdega, Gumla and Lohardaga districts to complete the courses at the earliest. 5. 5. A counter affidavit has been filed on behalf of the respondent J.P.S.C. It is submitted in the counter affidavit that pursuant to a requisition received from the Human Resource Development Department (Primary Education Department), Government of Jharkhand on 06.03.2007 for making selection of the suitable candidates for appointment to the post of Primary Trained Teachers in the various schools in the State of Jharkhand, the J.P.S.C. commenced the selection process by issuing advertisement dated 20.04.2007 in the local newspaper inviting applications from eligible candidates fixing 21.05.2007 as the last date for submission of application. Later, on the request of the State Government, the last date for submission of application was extended by the commission. Subsequently, consequent upon the amendment made by the State Government vide its notification dated 14.08.2007 in Rule-2(Kha), 8(Kha) and 4(Gha) of the Appointment Rules 2002 of the Jharkhand Primary Schools Appointment Rules 2002, the last date of submission of the application form was further extended till 27.10.2007 by way of an advertisement containing the particulars of the amendments carried out by the State Government in the Appointment Rules. By the said advertisement, such para teachers who have already completed training of the D.P.E. course from the IGNOU were also allowed to appear at the examinations which were to be conducted by the J.P.S.C. A corrigendum to the earlier advertisement was therefore published, extending the date of submission of application forms up to 12.11.2007. Thus, the candidates who have already completed training sessions and who have only to appear at the B.Ed/Teachers Training Examination were also given eligibility for submission of their forms up to the extended date. The corrigendum to the advertisement had also indicated that the Commission had fixed three months time from the date of examination to enable the candidates to submit their training certificate etc. After receiving the applications within the last extended period, the Commission had decided to hold the examination on 10.08.2008 and had issued Admit Cards accordingly to the candidates. Thus, the candidates as per the earlier advertisement were required to submit their training certificate and Marksheet and Admit Card before 10.11.2008 in the office of the Commission. 6. After receiving the applications within the last extended period, the Commission had decided to hold the examination on 10.08.2008 and had issued Admit Cards accordingly to the candidates. Thus, the candidates as per the earlier advertisement were required to submit their training certificate and Marksheet and Admit Card before 10.11.2008 in the office of the Commission. 6. From the rival submissions particularly the information given by the Respondent No. 5, it transpires that except the petitioner No. 3, the other two petitioners namely the petitioner No. 1 and 2 have not qualified in the test conducted by the IGNOU and on account of such disqualifications they could not possibly undertake the training workshop and practice of teaching session. As regards the petitioner No. 3, admittedly he has completed the entire course including the workshop training and teaching practice session and his certificate has been dispatched to him by the IGNOU. It further appears that taking into consideration the cases of such candidates who have already completed training sessions and who only need to appear at the B.Ed/Teachers Training Examination but who have not yet appeared at the B.Ed/Teachers Training Examination, the J.P.S.C. had extended the privilege to such candidates also to appear at the examination held by the J.P.S.C. though with stipulation that the training certificate along with their Admit Cards should be submitted within three months from the date of the J.P.S.C. examination. The petitioners were well aware of their respective positions and they had chosen to appear at the examinations. The examinations have already been held and the results are to be finally published. At this stage, the petitioners cannot be allowed to challenge the terms of the advertisement or to claim any modification in the selection process in respect of the examinations which has already been held and concluded. 7. In the light of the above facts and circumstances, I do not find any merit in this writ application. Accordingly, this writ application is dismissed. 7. In the light of the above facts and circumstances, I do not find any merit in this writ application. Accordingly, this writ application is dismissed. However, considering the fact that the petitioner No. 3 has completed his D.P.E. course and has obtained the certificate from the IGNOU and considering the fact that the delay was occasioned on the part of the IGNOU in issuing the certificate to him, and also considering the fact that the results of the J.P.S.C. exams have not been published as yet, the respondent J.P.S.C. may consider the possibility of accepting the D.P.E. certificate of the petitioner No. 3 if produced in the office of the J.P.S.C. within ten days from the date of this order and to treat the eligibility of the petitioner No. 3 as complete in terms of the requirements of the J.P.S.C. Let a copy of this order by given to the counsel for the respondent State, counsel for the respondent J.P.S.C. and counsel for the respondent