Calcutta High Court (Appellete Side)
Jahidur Rahaman vs State Of West Bengal & Ors on 6 June, 2014
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
06.06.2014
srm
W.P. No. 9572 (W) of 2014
Jahidur Rahaman
Versus
State of West Bengal & Ors.
Mr. Bikram Banerjee,
Mr. Sudipta Dasgupta
...For the Petitioner.
Mr. Partha Sarathi Bhattacharya
...For the State.
Let affidavit‐of‐service be kept on record.
This writ application is filed by the petitioner assailing of the
Advertisement No.MSC‐04 dated February 6, 2014 issued by the
respondent Madrasah Service Commission under Advertisement No.
MSC‐04 dated February 6, 2014. By virtue of the above Advertisement, applications are invited from the eligible candidates to appear in the "Teacher Eligibility Test" for appointment of teachers of classes V to VIII in recognised Government Aided Educational Institutions in the State of West Bengal. According to the advertisement under reference only pass graduate teachers for classes V to VIII of the above Institutions will be selected through "Teachers Eligibility Test" as per selection procedure as stated in the "Brochure".
2It is submitted on behalf of the petitioner that he possesses Bachelor in Computer Application which is equivalent to the qualification prescribed in Clause B1 of the advertisement dated February 6, 2014. 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 for Teacher Education the candidature for the post of Assistant Teacher of Work Education is to be considered in accordance with the provisions of the existing eligibility norms prescribed by the State Governments and other school managements till such time NCTE lays down the minimum qualifications in respect of such teachers. It is also submitted on behalf of the petitioner that in view of the above provisions, the eligible candidates are not required to appear in the Teachers' Eligibility Test for the post of Assistant Teachers of Work Education for classes V to VIII of the Non‐ Government Aided Educational Institutions in the State of West Bengal. The provisions of clause (b) of paragraph 5 of the Notifications 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 3 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 B1 of the said advertisement are quoted below:
"B.1. Assistant Teachers in Work Education:
Essential Qualification : (i) Bachelor's Degree in General Stream in Arts/Science/Commerce from a UGC Recognized University with Post Graduate Training from any Teachers' Training Institutions duly recognized by NCTE or Bachelor's Degree in General stream in Arts / Science/ Commerce with Work Education as a subject in Bachelors' Education regular course from Teacher Training Institution recognized by the NCTE in the relevant academic session or (ii) Bachelor's Degree in General Stream in Arts / Science / Commerce with Degree or Diploma in Arts and Craft from any UGC recognized University / any UGC recognized educational Institution affiliated to any University or (iii) Bachelor's Degree in Home Science or Agriculture or Bachelor of Science in Computer Science or Information Technology or Software system from any UGC recognized University or (iv) Bachelor's Degree n General Stream in Arts/Science/Commerce with computer Science or Computer Application as a subject of at least 300 marks at the degree level from any UGC recognized University. (v) Bachelor's Degree in General Stream in Arts/Science/Commerce with Degree or Diploma in Tailoring and needle work (at least 2 year course) from any institution duly recognized by any UGC recognized University / from any UGC recognized University.
Desirable: i) B.T / B.Ed. / P.G.B.T from Teachers' Training Institution duly recognized by the NCTE in the relevant academic session. ii) Knowledge in Islamic Studies and Culture."4
It is submitted by the learned Advocate appearing on behalf of the respondent Madrasah Service Commission that the eligibility criteria for participation in the selection process for the post of Assistant Teachers in Work Education has been prescribed in clause B1 of the said advertisement. According to him, the above candidates are not required to participate in the "Teachers' Eligibility Test". Having heard the learned Counsel appearing for the respective parties as also after considering the provisions of clause B1 of the said advertisement, I find that the conditions prescribed in the advertisement issued under Advertisement No.MSC‐04 dated February 6, 2014 are not applicable for participation in the selection process under reference for appointment of teachers in Work Education for classes V to VIII of the Non‐Government Aided Educational Institutions in the State of West Bengal. Therefore, the provisions at the above Advertisement No.MSC‐04 dated February 6, 2014 are quashed and set aside so far as the candidates for the post of Teachers in Work Education for classes V to VIII of the Non‐Government Aided Educational Institutions in the State of West Bengal are concerned.
I make it clear that the eligible candidates for appointment to the post of Assistant Teachers in Work Education for classes V to VIII of Non‐ 5 Government Aided Educational Institutions in the State of West Bengal are not under obligation to participate in the "Teachers' Eligibility Test" in connection with the selection process which has been initiated by the respondent Madrasah Service Commission by the above Advertisement No MSC‐04 dated February 6, 2014.
The writ petition is, thus, disposed of.
However, there will be no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )