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2015 DIGILAW 127 (HP)

Naveen Thakur v. State of H. P.

2015-02-28

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT Mansoor Ahmad Mir, C.J. By means of the present writ petition, the petitioners have prayed for the quashing and setting aside of Annexures PG and PH, (letters dated 9th September, 2014 and 22nd September, 2014), to the extent the same pertain to the petitioners, whereby the petitioners have been called upon to undergo two years special training instead of six months, on the grounds taken in the memo of the writ petition. 2. A notice of the writ petition was issued to the respondents, who filed reply. 3. Learned counsel for the petitioners argued that the petitioners have obtained the B.Ed. degree after the year 2012 and therefore, as per the notification, dated 29th July, 2011, issued by the National Council for Teacher Education, (NCTE, for short), the petitioners have to undergo special training for six months and not for two years, as has been ordered by the respondents. 4. We have gone through the notification, dated 29th July, 2011, issued by the NCTE. It is apt to reproduce relevant portion of clause III of the said notification hereunder: “III (i) Training to be undergone. – A person – (a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard, shall also be eligible for appointment to Class I to IV up to 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognized 6-month Special Programme in Elementary Education;” 5. A bare reading of the above clause shows that candidates, who possess graduation degree with at least 50% marks and B.Ed. qualification or with at least 45% marks and one year degree in Bachelor of Education, in accordance with the NCTE Regulations, shall also be eligible for appointment to Class I to IV up to 1st January, 2012, provided they have to undergo special training for six months. Meaning thereby, a candidate who has obtained graduation degree and B.Ed. qualification upto 1st January, 2012 with at least 50% marks or 45% marks, as the case may be, has to undergo six months’ training and not a candidate who has obtained the requisite qualification after the said cut off date i.e. 1st January, 2012. 6. Meaning thereby, a candidate who has obtained graduation degree and B.Ed. qualification upto 1st January, 2012 with at least 50% marks or 45% marks, as the case may be, has to undergo six months’ training and not a candidate who has obtained the requisite qualification after the said cut off date i.e. 1st January, 2012. 6. The petitioners, in the present case, have obtained the requisite qualification in the year 2013, i.e. after the cut off date. Therefore, in view of the notification, dated 29th July, 2011, the petitioners are not eligible and have to undergo two years special training. 7. In view of the above discussion, there is no merit in the writ petition and the same is dismissed.