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Tripura High Court · body

2018 DIGILAW 267 (TRI)

Mitali Roy, D/o Late Chandra Roy v. State f Tripura, represented by the Principal Secretary to the Government of Tripura, Department of School Education

2018-09-27

S. TALAPATRA

body2018
JUDGMENT & ORDER : Heard Mr. A. Pal, learned counsel appearing for the petitioner as well as Mr. N. Choudhury, learned GA appearing for the State-respondents. 2. The petitioner is an unemployed person who appeared for Selection Test for Post Graduate Teachers (STPGT) in response to the advertisement dated 27.05.2017 (Annexure-A to the writ petition). In the said advertisement, it has been declared that 12 vacancies of Post Graduate Teachers in Music will be filled up. Out of those posts, 06 posts were earmarked for UR category whereas 02 and 04 posts were respectively earmarked for SC and ST candidates. There is no dispute that the petitioner belongs to the UR category. 3. The petitioner appeared in the said selection test and from the admit card issued by the Teachers Recruitment Board, Tripura (TRBT) it surfaces that the petitioner was registered against the roll number 622611701227. From the result of the selection test for Post Graduate Teachers (STPGT)-2017 it further appears that the petitioner secured total marks of 103 and she got the highest score amongst those who appeared in the said discipline. 4. When the Teachers Recruitment Board, Tripura provisionally recommended for recruitment to the post of Post Graduate Teachers under the Secondary Education Directorate, Education (School) Department, Government of Tripura, the said Board noted that in the discipline of Music, no eligible candidate was found. The petitioner was taken aback with the outcome of the said selection process. As a result, she wanted a disclosure why she was not recommended by the said Board under the RTI Act and from the disclosure the petitioner got to know that the degree/qualification as submitted by her was not accepted for consideration on the ground that the institution named Prachin Kala Kendra is not recognized. The said decision of the respondents has been challenged in this writ petition. 5. The petitioner has urged this court for directing the respondents to quash the notification dated 16.10.2017 under No. F.2(1-18) GEN/TRBT/REC/2017/ 1558, by which the result of the said selection test was published. Further, it has been urged that exclusion of the petitioner from the selection list should be interfered and the respondent-Board be directed to recommend her name for purpose of appointment in terms of the notification No. 02/2017 dated 27.05.2017. 6. Mr. Further, it has been urged that exclusion of the petitioner from the selection list should be interfered and the respondent-Board be directed to recommend her name for purpose of appointment in terms of the notification No. 02/2017 dated 27.05.2017. 6. Mr. A. Pal, learned counsel appearing for the petitioner has submitted that the petitioner has obtained her degree of Bachelor of Education from the Institute of Advanced Studies of Education (IASE, for short) Tripura in terms of the NCTE regulations of 2007. The petitioner had acquired the degree of Bachelor of Arts from the Tripura University (TU). 7. The degrees of B.Ed and B.A. have not been questioned by the respondents. The respondents have clearly disclosed that the Post Graduate Degree in Music issued by Prachin Kala Kendra, Chandigarh cannot be treated as a Post Graduate Degree in terms of the recruitment rules which was published by the notification dated 05.09.2016 (Annexure-R1 to the reply filed by the respondents). 8. For purpose of reference, Mr. Pal, learned counsel for the petitioner has referred to Rule7 of the said recruitment rules which deals with the essential minimum qualifications for recruitment to the post of Post Graduate Teacher (XI-XII) under the Education(School) Department, Government of Tripura. 9. In terms of the rule 7 of the said recruitment rules, the essential minimum qualification for the post of Post Graduate Teacher (XI-XII) is-(a) Post Graduate Degree in the relevant subject with at least 50% (or else equivalent) from recognized university and B.Ed from an NCTE recognized institution; or (b) a person having Post Graduate Degree possessing 45% marks in a relevant subject and obtained B.Ed Degree (as per NCTE Regulations 2002 or NCTE Regulations 2007 from NCTE recognized institution in this category). 10. There is another set of qualification for the same purpose which reads that the Post Graduate Degree in relevant subject with at least 50% marks or its equivalent from recognized University and BA/B.Ed/B.Sc from NCTE recognized institutions. There are other preferential qualifications provided and those are not very relevant in the context of the present controversy. For that reason, no detailed reference to those preferential qualifications is made. 11. Mr. Pal, learned counsel has submitted that the petitioner is covered both by the minimum essential qualifications as prescribed under Rule 7(a) and Rule 7(b). Mr. There are other preferential qualifications provided and those are not very relevant in the context of the present controversy. For that reason, no detailed reference to those preferential qualifications is made. 11. Mr. Pal, learned counsel has submitted that the petitioner is covered both by the minimum essential qualifications as prescribed under Rule 7(a) and Rule 7(b). Mr. Pal, learned counsel has asserted that the Post Graduate Degree as referred in Rule 7(b) may not be from a recognized University as he has submitted that as per Rule 7(a) the degree must be from a recognized institution. But in Rule 7(b), the words “recognized university” is conspicuous by absence and therefore, the respondents cannot impose that the Post Graduate Degree as referred in Rule 7 (b) shall be from a recognized University. 12. Apparent it is that the submission structured on Rule 7(b) is an alternative submission from the petitioner. The petitioner has fundamentally argued that the Post Graduate Degree as issued by Pracheen Kala Kendra is a recognized Post Graduate Degree by Jodhpur University which is one of the Universities recognized by the University Grants Commission (UGC). 13. Mr. Pal, learned counsel to nourish this submission has referred to the averment made in the writ petition, where the petitioner has asserted in paragraph 10 that the University of Jodhpur vide recognition letter dated 17.06.1971, has recognized the award of “Sangit Bhaskar” by Pracheen Kala Kendra, Chandigarh, as equivalent to M.A. (Music) of a recognized University. The Government of Himachal Pradesh and other Universities have also recognized the degree, Sangit Bhaskar, awarded by Pracheen Kala Kendra, Chandigarh, as equivalent to post-graduate degree. The degree of Sangeet Visharad awarded by Pracheen Kala Kendhra, Chandigarh, is considered as a Graduate degree in the teacher education as per definition contained in Section 2(i) and 2(m) of the NCTE Act, 1993. 14. The attention of this Court has been drawn to the communication under No.JU/AC8/553 dated 17.06.1971 (Annexure-D to the writ petition) where it has been clearly communicated to the Registrar of Prachin Kala Kendra, Chandigarh that the Jodhpur University has recognized the examination as equivalent to MA(Music) of a recognized university. The said degree has therefore been claimed to have been recognized by the Jodhpur University as equivalent to MA (Music). 15. Mr. The said degree has therefore been claimed to have been recognized by the Jodhpur University as equivalent to MA (Music). 15. Mr. Pal, learned counsel in order to supplement further has submitted that the Central Board of Secondary Education (CBSE in short) in their prospectus, based on the affiliation bye-laws has clearly stipulated that Sangit/Nritya Visharad of Pracheen Kala Kendra, Chandigarh with graduation in any discipline will be accepted as a qualification for the Post Graduate Teacher (Music). Thus, Mr. Pal, learned counsel has submitted that the decision as taken by the respondents is wholly erroneous and seriously detrimental to the interest of the petitioner. 16. Mr. N Choudhury, learned GA appearing for the respondents has submitted that the Post Graduate Degree (Sangeet Bhaskar) by the Pracheen Kala Kendra cannot be treated as a Post Graduate Degree in Music from a recognized University. Pracheen Kala Kendra is not a recognized University and no recognized university has issued the said certificate of merit. Therefore, in terms of the recruitment rules the petitioner did not have the requisite qualification for being considered for the post of PG Teacher in the Higher Secondary Schools. The word “recognized” is a very plain word with expansive meaning. Oxford Advanced Learner’s Dictionary defines the plain meaning of the said word as “to accept and approve”. 17. Mr. Choudhury, learned GA has further submitted that if the Jodhpur University had directly issued the certificate then there would not have been any difficulty for accepting or approving the said PG Degree but the certificate of merit, which the petitioner has referred as the PG Degree in Music, has been issued by Pracheen Kala Kendra, Chandigarh. Unless Pracheen Kala Kendra, Chandigarh is recognized by UGC as the University, the degree issued by them cannot be accepted and approved by the State government as the recognized PG Degree. Hence, there is no infirmity in the decision of the Board. 18. Mr. Choudhury, learned GA has further submitted that the PG Degree issued by Pracheen Kala Kendra, Chandigarh has therefore, been discarded. The petitioner cannot be recruited on the basis of the said PG Degree awarded by the Pracheen Kala Kendra, Chandigarh. 19. In the rejoinder, Mr. Pal, learned counsel has referred to the decision of the Punjab & Haryana High Court in Dipan Wita Singha Roy Vs. The petitioner cannot be recruited on the basis of the said PG Degree awarded by the Pracheen Kala Kendra, Chandigarh. 19. In the rejoinder, Mr. Pal, learned counsel has referred to the decision of the Punjab & Haryana High Court in Dipan Wita Singha Roy Vs. Punjab University, Patiala and Ors, [judgment and order dated 03.09.2012 delivered in LPA No. 1888/2011]. Having referred to the report of Justice SC Aggarwal Committee appointed by the Supreme Court of India, the said qualification has been accepted as recognized. In Justice Aggarwal’s report, it has been observed as under: “For the post of lecturer in Music the essential qualification was a degree or diploma in Hindustani, Karnatak, Western (vocal or instrumental) music, as may be specified, of a recognized institute of repute. The question has arisen as to the meaning of the word ‘recognized institution of repute’. Does it mean recognized by the University concerned in which appointment is being made or it would also cover recognition by any other authority e.g., State Government or the Central Government of the University Grants Commission. In my view, the words are wide enough to mean recognition of the institution by an university concerned or by the State Government or the Central Government or the University Grants Commission. As regards the Post graduate qualification in Music, it has been pointed out that there are two recognized institutions, which award degrees/diplomas in Music. One is the Prayag Sangeet Samiti at Allahabad, which awards the degrees of ‘Sangeet Pravakar’ and ‘Sangeet Praveen’.” 20. Thereafter, in the judgment, it has been observed by the Punjab & Haryana High Court, that another institution namely, Pracheen Kala Kendra, Chandigarh awards ‘Sangeet Visharad’ and ‘Sangeet Bhaskar’. The degrees of Sangeet Praveen/Sangeet Bhaskar are treated as equivalent to MA in Music while Sangeet Pravakar and Sangeet Visharad are treated as equivalent to BA in Music. 21. Having appreciated the submissions made by the learned counsel for the parties and with due regard to the records produced with the writ petition in particular, this Court is of the view that there is no controversy in respect of the qualification of B.Ed and B.A as those are respectively, awarded by the Institute of Advanced Studies (IASE), Tripura and the Tripura University (TU). The controversy hovers around the status of the PG Degree in Music as issued by Pracheen Kala Kendra, Chandigarh. 22. The controversy hovers around the status of the PG Degree in Music as issued by Pracheen Kala Kendra, Chandigarh. 22. So far Rule 7(b) of the recruitment rules is concerned, this Court is constrained to observe that the interpretation as advanced by Mr. Pal, learned counsel that even without recognition, the respondents are bound to accept the Postgraduate Degree in Music, cannot be accepted inasmuch as the State cannot accept or approve any degree or diploma which are not issued by a recognized institute or university for purpose of regulation so that the quality of learning is not compromised, and oversee the activities, the regulatory commission like UGC has been set up. In our country, unless a university is recognized by the UGC, its degree or diploma usually is not accepted by the State. Therefore, in rule 7(b) where the word ‘recognized’ is conspicuous by absence, it has to be read as ‘from recognized university’ to defeat any mischief. 23. Now, we are to examine whether the Postgraduate Degree issued by Pracheen Kala Kendra, Chandigarh can be treated as a recognized Postgraduate Degree in music for purpose of recruitment to the post of Postgraduate teacher for higher secondary schools. For this purpose, the communication dated 17.06.1971 (Annexure-D to the writ petition) is of paramount importance. However, this is not the original copy of the communication. It is a typed copy of the original communication. However, the respondents have not questioned its veracity and as such this Court can conveniently and safely rely on the content of the communication dated 17.06.1971 (Annexure-D to the writ petition) where the Assistant Registrar of the University of Jodhpur has communicated to the Registrar of Pracheen Kala Kendra, Chandigarh that the University has recognized the degree of Sangeet (Bhaskar) awarded by the Pracheen Kala Kendra, Chandigarh as equivalent to MA(Music) of a recognized University. 24. No doubt, the State may recognize or derecognize any degree for recruitment in any establishment under its control and supervision but the word that is appearing in the recruitment rules as ‘from recognized university’ cannot be narrowly regulated. As such, from a recognized university has to be interpreted in its ordinary meaning. 24. No doubt, the State may recognize or derecognize any degree for recruitment in any establishment under its control and supervision but the word that is appearing in the recruitment rules as ‘from recognized university’ cannot be narrowly regulated. As such, from a recognized university has to be interpreted in its ordinary meaning. Once a university recognized by the UGC has given the recognition to the degree of Sangeet (Bhaskar), which the petitioner has, as equivalent to MA(Music) of a recognized University, this Court does not find any reasonable basis to discard the said degree or to exclude the petitioner from being considered for recruitment to the post of PG teacher in music in the higher secondary schools. 25. Having observed thus, this writ petition is disposed of with the following directions : The petitioner is entitled to be declared selected in the selection carried out in terms of the advertisement No. 02/2017 dated 27.05.2017 (Annexure-A to the writ petition) and hence, the Teachers Recruitment Board, Tripura (TRBT) is under obligation to recommend the name of the petitioner to the respondent No.3 for consideration of her appointment to the post of Post Graduate Teacher (Music) in Higher Secondary Schools forthwith and not later than a fortnight from the day of receiving copy of this order. 26. However, the respondents No. 1 & 2 are given liberty to verify the communication dated 17.06.1971 under No. JU/AC8/553 (Annexure-D to the writ petition) before issuing the letter of appointment. If it is found on verification that the communication has not been tampered in any manner, the respondents will be under obligation to issue the letter of appointment to the petitioner from the same date when the other persons selected and recommended in terms of the said advertisement dated 27.05.2013 (Annexure-A to the writ petition), but without actual financial benefit. 27. In terms of the above, the writ petition is allowed. There shall be no order as to costs. 28. A copy of this order be furnished to the learned GA appearing for the respondents as early as possible.