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Calcutta High Court · body

2013 DIGILAW 23 (CAL)

Rajya Pparshwa Shishak Samanway Samity v. State

2013-01-16

Debasish Kar Gupta

body2013
Judgment : 1. Let the affidavit of service be kept on record. 2. On the prayer made on behalf of the petitioners, the name of the petitioner No.1 is expunged from this writ application. 3. This writ application is filed by the petitioner Nos. 2 to 4 for a direction upon the respondent No.4 to take necessary steps in respect of their respective applications submitted before the District Project Officer, Sarba Shiksha Mission, District Nadia for acquiring Teacher Training Qualification, i.e. Diploma in Elementary Education through Open Distance Learning Mode from the institution by the National Council for Teacher Education. The petitioners No.2 to 4 are the additional para teacher in different primary and upper primary schools in the district of Nadia. All of them submitted their applications before the respondent No.4 through the respondent No.5 for acquiring Diploma in Elementary Education through Open Distance Learning Mode from the institution by the National Council for Teacher Education. Those applications were forwarded by the respondent No.4 under his memo No. 1231/SSM dated August 13, 2012. According to the petitioner Nos. 2 to 5, the respondent No.4 is sitting tide over the matter. 4. Having heard the learned Counsel appearing for the petitioners as also after considering the fact and circumstances of this case, I find that the School Education Department, West Bengal (primary Branch) issued a notification No. 277-SE(P)/12-6/09 (Pt-I) dated March 28, 2012 and the same was published in the Official Gazette on April 13, 2012. The above notification was issued in exercise of power conferred by the provisions of Right to Children and Free and Compulsory Education Act, 2009. According to the above notification if a teacher is found to short of minimum required qualification as prescribed, may face severe consequences after March 31, 2015, i.e. the last date for upgradation of qualification. 5. In terms of the above notification, the minimum qualification of a teacher includes Diploma or Certificate in a Basic Teachers' Training of a duration of not less than two years or Bachelor of Elementary Education (B.E.Ed.). The above facility of upgradation of educational qualification was extended to para teachers, Siksha Bandhus and Siksha Mitras. 6. 5. In terms of the above notification, the minimum qualification of a teacher includes Diploma or Certificate in a Basic Teachers' Training of a duration of not less than two years or Bachelor of Elementary Education (B.E.Ed.). The above facility of upgradation of educational qualification was extended to para teachers, Siksha Bandhus and Siksha Mitras. 6. In view of the above, unless the respondent No.4 discharges its function for registration of the names of the petitioners for upgradation of training qualification as discussed hereinabove, there is a threat of discontinuation of their engagement as additional para teachers. It is a threat to their right to livelihood meaning thereby right to live. 7. In view of the above, I direct the respondent No.4 to take all necessary steps for registration of the names of the petitioners for acquiring Diploma in Elementary Education through Open & Distance Learning (ODL) Method from the institution/institutions recognized by the National Council for Teacher Education forthwith so that all the petitioners can obtain the above qualification within the cut off date prescribed by the notification No. 277-SE(P)/12-6/09 (Pt-I) dated March 28, 2012 i.e. within March 31, 2015 provided they are eligible for fulfillment of eligibility criteria as also subject to fulfillment of all formalities. 8. This writ petition stands disposed of. 9. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.