Calcutta High Court (Appellete Side)
Sk. Masud Rahaman vs The State Of West Bengal & Ors on 3 March, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
03.03.2014.
rc
W.P. No. 3750(W) of 2014
Sk. Masud Rahaman
Versus
The State of West Bengal & Ors.
Mr. Sudipta Dasgupta
Mr. Bikram Banerjee ... For the Petitioners.
Mr. Bimal Chatterjee
Mr. Abhijit Gangopadhyay
Mr. Kanak Kiran Bandyopadhyay ... For the SSC
Mr. Asha Gourisaria Gutgutia ... For the NCTE
This writ application is filed by the petitioner assailing the
clause 2(a) of the "Public Notice" issued by the respondents‐school
service commission under Memo No. 209/5277/CSCC/2014 dated January 29, 2014. By virtue of the above notice, applications are invited from the eligible candidates to appear in the "Teachers' Eligibility Test" for appointment of teachers of Class‐V to VIII of non‐government aided educational institutions in the State of West Bengal. According to the clause under reference pass graduate teachers for class V to VIII of the above institutions will be selected through "Teachers' Eligibility Test" as per selection procedure as stated in the brochure.
It is submitted on behalf of the petitioner that he possesses bachelor degree of Physical Education which is equivalent to the qualification prescribed in second schedule to the National Council for Teacher Education (Determination of Qualification for Recruitment of Teachers) Regulations, 2001 (hereinafter referred to as the "said Regulation, 2001").
In view of clause (b) of paragraph 5 of notification no. F61‐ 1/2011/NCTE(N&S) dated July 29, 2011 issued by the National Council of Teachers' Education the candidate for the post of Assistant Teacher of Physical Education is to be considered in accordance with the provisions of NCTE Regulation dated November 03, 2001 in respect of such teachers. It is further submitted on behalf of the petitioner that in view of the above provisions eligible candidates are not required to appear in the "Teachers' Eligibility Test" for the post of Assistant Teachers of Physical Education for class V to VIII of the non‐government aided educational institution in the State of West Bengal. The provision of clause (b) of paragraph 5 of notification dated July 29, 2011 of the National Council for Teachers' Education are set out below: ‐ "5(a)....................
(b) The minimum qualification norms referred to in this Notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education etc. the existing eligibility norms prescribed by the State Government and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers."
(Emphasis Supplied).
The provisions of second schedule to the said Regulation 2001 are quoted below: ‐ "Second Schedule to the National Council for Teacher Education (Determination of Qualifications for Recruitment of Teachers) Regulations 2001 Qualification for recruitment of teachers of Physical Education in Educational Institutions mentioned in Section 2 of the Regulations Level MINIMUM ACADEMIC AND PROFESSIONAL QUALIFICATION I. Elementary (i) Senior Secondary School certificate or Intermediate or its equivalent; and
(ii) Certificate in Physical Education (C.P.Ed.) of a duration of not less than two years or its equivalent.
II Secondary/High Graduate with Bachelor of Physical School Education (B.P.Ed.) or its equivalent.
III Senior M.P.E./M.P.Ed. (2 year duration) Secondary (Physical Education as an elective subject) Note :
1. Some of the States are having certificate in physical education courses of one year duration only, while in some other States students passing secondary level examination are admitted to certificate in physical education courses. Such States may, by 2005, conduct certificate in physical education programmes of a duration of not less than two years with admission being open to Senior Secondary/ Intermediate pass candidates. In the meantime candidates who have undergone certificate courses in physical education of one year duration or were admitted to such programmes after passing secondary level examination only may be given employment in the concerned States only."
It is submitted by the learned Advocate General High Court, Calcutta, appearing on behalf of the respondent‐school service commission, that the eligibility criteria for participation in the selection process for the post of Assistant Teachers in Physical Education has been prescribed in the second schedule to the said Regulation 2001. According to him, the above candidates are not required to participate in the "Teachers' Eligibility Test".
The above submission made by the learned Advocate General High Court, Calcutta are adopted by Mrs. Asha Ghutgutia, learned counsel appearing for the National Council of Teachers' Education. According to Mrs. Gutgutia, the date of said Regulation, 2001 is mentioned in clause (b) of paragraph 5 of the notification dated July 29, 2011 issued by the National Council of Teachers' Education erroneously and the said Regulation, 2001 was published on September 04, 2001.
Having heard the learned counsel appearing for the respective parties as also the provisions of second schedule to the said Regulation, 2001 I find that the conditions prescribed in clause
(a) of paragraph 2 of the Public Notice issued under Memo No. 209/5277/CSSC/ESTT/014 dated January 29, 2014 are not applicable for participation in the selection process under reference for appointment of teachers in Physical Education for class V to VIII of the non‐government aided educational institutions in the State of West Bengal. Therefore, the provisions of clause (a) of paragraph 2 of the above Public Notice dated January 29, 2014 are quashed and set aside so far as the candidates for the post of teachers in Physical Education of the non‐government aided educational institution in the State of West Bengal are concerned.
I make it clear that the eligible candidates for appointment to the post of Assistant Teacher of Physical Education for class V to VIII of non‐government aided educational institutions in the State of West Bengal are not under obligation to participate in the "Teacher Eligibility Test" in connection with the selection process which has been initiated by the respondent‐ school service commission by the above Public Notice dated January 29, 2014. The writ petition, is, thus, disposed of.
However, there will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties, on priority basis.
( Debasish Kar Gupta, J. )