Calcutta High Court (Appellete Side)
Puspak Dutta vs The State Of West Bengal & Ors on 29 August, 2018
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
.2018
sk
W.P. 4285 (W) of 2018
Puspak Dutta
Vs
The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharyy
Mr. Kamal Kanta Kar
Ms. Sneha Chatterjee
....for the petitioner.
Mr. Ratul Biswas
Mr. Kaushik Chowdhury
..........for the Council.
Mr. Bhaskar Prasad Vaisya
Mr. Sagnik Chatterjee
....for the State.
Petitioner files the present writ petition for direction upon the respondent authoritis
particularly the Chairman, District Primary School Council to give appointment to the petitioner to the post of Assistant Teacher in any Primary School under the District-Howrah.
Mr. Bhattacharyya, learned advocate appearing for the petitioner submits that the petitioner appeared in the TET Examination for the year 2009 and for sometime held in 2012 as well as TET Examination for 2014. Unfortunately petitioner was not called for to appear in the selection process on the basis of the advertisement dated 26th September, 2016 for Primary Teachers'. Therefore, the petitioner filed the present writ petition for direction upon the respondent authority to give appointment as Assistant Teacher to any School under District- Howrah.
Per contra, Mr. Biswas, learned advocate appearing for the District Primary School Council submits that there is no averment in the writ petition or any document that the petitioner is TET passed candidate. Mr. Biswas further submits that according to the Recruitment Rules 2016, it is one of the mandatory criteria for the candidate to possess the TET qualified certificate. Unfortunately, in the present case, it is lacking. In support of his contention, Mr. Biswas draws my attention to Rule 6 of the Recruitment Rules, 2016 as well as Notification dated 23rd August, 2010 of National Council for Teachers' Education dated 26th August, 2016.
Rule 6 of Recruitment Rules, 2016 and Notification dated 23rd August, 2010 of National Council for Teachers' Education dated 26th August, 2016 are quoted below:-
6) "Qualification:- (1) No prson shall be appointed by the Council as a teacher unless he is a citizen of India and has completed the age of 18 years as on 1st day of January of the year of advertisement and has not completed the age of 40 years on the 1st day of January of the year of advertisement as specified in sub-rule (3).
(2) The candidate shall possess the minimum educational qualifications specified by the National Council for Teacher Education and the notification relating to eligibility of candidates issued by the Ministry of Human Resource Development, Department of School Education and Literacy, Government of India (hereinafter referred to as MHTD), from time to time, read with the relaxed qualifications issued by that Ministry from time to time and passed the TET.
(3) In the matter of appointment, priority shall be given to those eligible candidates who possess the minimum qualifications as specified by the National Council for Teacher Education and MHRD and thereafter, the eligible candidates with the relaxed qualifiction specified by the MHRD, may be considered and if candidates with relaxed qualifications are considered as teachers, such teachers under the relaxed qualification norms shall be appointed with an undertaking to acquire the minimum qualifications specified in the National Council for Teacher Education within a period of 2 years from the date of appointment.
Note 1- Any candidate seeking appointment to the post of primary school teacher shall have studied and passed in the specific language as the first or the second language in the Higher Secondary Level of equivalent for which medium of instruction, the candidate is seeking appointment.
Provided that in case of Santhali as medium of instruction, the candidate shall only be required to possess proficiency of reading, writing and speaking in Santhali. Here, Santhali means Santhali in OI-Chiki Script it shall not be obligatory for the candidates seeking appointment to the post of primary school teacher in Santhali medium schools to have passed in the specific language as the first or the second language in the Higher Secondary Level or its equivalent for which medium of instruction, the candidate is seeking appointment".
NATIONAL COUNCIL FOR TEACHER EDUCATION NOTIFICATION. F.No.61-03/20/2010/NCTE(N & S).-In exercise of the powers conferred by Sub- section(1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), and in pursuance of Notification No. S.O.750(E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education(NCTE) hereby lays down the following minimum qualifications for a person to be eligible for appointment as a teacher in class I to VIII in a school referred to in clause(n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, with effect from the date of this Notification:-
Minimum Qualification:
(f) Classes I-V
(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known).
OR Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognitition Norms and Procedure), Regulations 2002 OR Senior Secondary (or its equivalent with at least 50% marks and 4-year Bachelor or Elementary Education(B.El.Ed.) OR Senior Secondary(or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education) AND Pass in the Teacher Eligibility Test(TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. Classes VI-VIII B.A./B.Sc. and 2-year Diploma in Elementary Education(by whatever name known) OR B.A./B.Sc. with at least 50% marks and 1-year Bachelor in Education (B.Ed).
OR B.A./B.B.Sc. 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 OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.EI.Ed.) OR Senior Secondary (or its equivalent) with at least 50% maks and 4-year BA/B.Sc.Ed or B.A.Ed/B.Sc/Ed.
OR B.A.Ed/B.Sc/Ed. With at least 50% marks and 1-yer B.Ed.(Special Education) AND Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose". Unfortunately, neither the petitioner is possessing TET passed certificate nor he is having trained. Since the petitioner is not a TET passed candidate, therefore, he was not called for to appear in the interview. Accordingly, the petitioner cannot claim any appointment.
In conclusion, Mr. Biswas submits that the writ petition should be dismissed in limine with cost. Mr. Biswas further submits that the vital party, the West Bengal Board of Primary Education, has not been impleaded as a party respondent to this proceeding. It is also submitted by Mr. Biswas that the judgement as relied upon by Mr. Bhattacharyya has no manner of application in the present case. The judgement never suggested that a candidate who is not possessing TET qualification certificate would be given appointment to the post of Assistant Teacher in any Primary School.
The submission of Mr. Biswas, learned advocate appearing for the Council is adopted by Mr. Chattopadhyay, learned advocate appearing for the State respondents..
Considering the submission advanced by the learned advocates appearing for the parties and after perusing the records as well as the Rule 6 of the Recruitment Rules, 2016 and the National Council for Teachers' Education Notification dated 23rd August, 2010 in my considered view, this writ petition does not deserve any interference by this Hon'ble Court.
Accordingly, this writ petition is dismissed.
There will be no order as to costs.
( Samapti Chatterjee, J. )