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Jharkhand High Court · body

2013 DIGILAW 1328 (JHR)

Md. Mukhtar Ansari v. State of Jharkhand

2013-12-04

AMITAV K.GUPTA, R.BANUMATHI

body2013
Order By the Court :-Whether the appellant who is qualified in the Nursery Teacher Training & Creche Management is eligible to be appointed as the teachers is the short point arising for consideration in this Letters Patent Appeal which is preferred against the order of the Single Judge in W.P.(S) No. 3794 of 2005. 2. The Jharkhand Public Service Commission issued an advisement inviting application for 9223 vacant post of teachers in the Government Elementary School of the State. As per the said notification eligibility criteria and qualification as laid down in Rule 4 of Jharkhand Elementary School (Appointment) Rules, 2002 reads as under:- Eligibility Criteria (i) Should be citizen of India. (ii) Should have passed Matriculation or Equivalent Examination. (iii) Should have passed two years teachers training, or B.Ed./Dip. in Ed./Dip.in Teach or CPED. Required Qualification A. Two years teachers training or, B. B.Ed/Dip. in Ed./Dip. in Teach C. CPED/Dip.P.Ed. 3. As per the notification training qualification is required i.e. two years teachers training or B.Ed./ Diploma in Education and Diploma in Teachers Training and Diploma in P.Ed. The appellant has qualified only Nursery Teacher Training & Creche Management and therefore, he was not found eligible for appointment to post of Assistant Teacher in the Government Elementary School. 4. The writ petitioner/appellant filed W.P.(S) No. 3794 of 2005 seeking for direction upon the respondents that he is entitled to apply as per the advertisement and he satisfied the eligibility requirement for appointment to the post of Assistant Teacher in Government Elementary School. 5. The learned Single Judge dismissed the writ petition holding that the petitioner/ appellant's qualification in Nursery Teacher Training & Creche Management is not the qualification equivalent to the Teacher Training Course prescribed under the Rules of 2002 and thus, the appellant does not fulfil the criteria for being appointed as Assistant Teacher. 6. Learned counsel for the appellant submitted that on 29.09.2005 the District Establishment Committee, Dhanbad clarified that Nursery Teacher Training & Creche Management is not the requisite Teachers Training qualification as defined in Rule 2 (Kha) of Jharkhand Elementary School (Appointment) Rules, 2002 and therefore, the statutory rules framed under Article 309 of the Constitution of India cannot be bypassed by issuing administrative order. The second contention is that clarification was issued in 2005 whereas advisement was issued in 2002 therefore, the said clarification issued on 29.09.2005 cannot retrospectively be applied to disqualify the petitioner/appellant from applying for the post of Assistant Teacher. 7. We have heard learned counsel for the parties. 8. Even though the clarification was issued on 29.09.2005 that Nursery Teacher Training & Creche Management is not the requisite Teacher Training qualification as defined in Rule 2 (Kha) of Jharkhand Elementary School (Appointment) Rules, 2002 it is said to be pointed out that even in the advertisement it was clearly prescribed that Teacher Training qualification is required under the Jharkhand Elementary School (Appointment) Rules, 2002 as (a) two years Teachers Training or, (b) B.Ed./Diploma in Ed./ Diploma in Teach and (c) CPED/Diploma in Physical Education. The requirement of two years Teachers Training and other requirement was pointed out in the advertisement itself and therefore, it cannot be contended that disqualification of Nursery Teacher Training & Creche Management is only with reference to the subsequent clarification issued on 29.09.2005. Prescription of two years Teachers Training Course and other qualification is only to enhance the quality of education given to the school children, Government Elementary School which are normally attended by the children of that group who cannot afford to go to private schools paying hefty fees. Keeping in view, the benevolent object of Rules prescribing the eligibility criteria for the teachers, we are of the view that the Rules are to be strictly construed so as to get the best of the teachers. It cannot be contended that Nursery Teacher Training & Creche Management course is equivalent to that of Teachers Training as defined in Rule 2 (Kha) of Jharkhand Elementary School (Appointment) Rules 2002. 9. Considering the submissions the learned Single Judge rightly dismissed the writ petition and we do not find any reason for interference with the impugned order/ judgment. 10. Accordingly, this L.P.A. is dismissed. L.P.A. dismissed.