Calcutta High Court (Appellete Side)
Rabin Kumar Mandal vs The State Of West Bengal & Ors on 3 March, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
03.03.2014.
srm
W.P. No. 3751 (W) of 2014
Rabin Kumar Mandal
Versus
The State of West Bengal & Ors.
Mr. Sudipta Dasgupta
Mr. Bikram Banerjee ... For the Petitioner.
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 respondent‐
School Service Commission under Memo No. 209/5277/CSCC/ESTT/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 classes V to VIII of Non‐Government Aided Educational Institutions in the State of West Bengal. According to the clause 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".
It is submitted on behalf of the petitioner that he possess Diploma in Tailoring which is equivalent to the qualification 2 prescribed in Table 5 (as amended) of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 (hereinafter referred to as the said Rules, 2007). 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 Teachers 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 NCTC 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 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 3 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 Table 5 (as amended) of the said Rules, 2007 are quoted below:
"TABLE 5 [Manner of evaluation of academic qualification including professional qualification for selection of Assistant Teacher in Work Education in Junior High/High/Higher Secondary School] Sl. Examinations Passed Awarded Marks No. Full 60% 50% Below Marks and and 50% 30 above abo ve but belo w 60% 1 School Final or 5 5 4 2 Madhyamik or its equivalent 2 HS(+ 2Stage)/Pre‐ 5 5 4 2 University/Intermediat e/University Entrance or its equivalent Or Old HS in lieu of 10 10 8 4 For School 1 Final/Madhyamik or and its equivalent and HS 2 (+ 2 Stage)/ Pre‐ University/ intermediate/ 4 University Entrance or its equivalent 3 Bachelor's degree in 14 14 12 10 General Stream in Arts/ Science/ Commerce as regular/ external/ Private candidate or through distance mode of education/ correspondence Courese with P.G.B.T. or Work Education as a subject in B.Ed. in regular Course from a Teachers' Training Institution duly recognized by the NCTE in the relevant academic session, or Bachelor's degree in 14 14 12 10 General Stream in Arts/ Science/ Commerce as regular/ external/ Private candidate or through distance mode of education/ correspondence Course with degree/ diploma in Art & Craft from any UGC recognized University/ any UGC recognized educational Institution affiliated to any University, or 5 Bachelor's degree in 14 14 12 10 General Stream in Arts/ Science/ Commerce as regular/ external/ Private candidate or through distance mode of education/ correspondence Course with certificate in tailoring and needle work (at least 2 year course) from any Institution duly recognized by any UGC revognized University/ from any UGC recognized University or, Bachelor's degree in General Stream in Arts/ Science/ Commerce as regular/ external/ private candidate or through distance mode of education/ correspondence course with degree/ diploma in Work Education curricula awarded by any University or any Department of the State Govt., or Bachelor's degree in 14 14 12 10 Home Science or Agriculture from any 6 UGC recognized University, or Bachelor's degree in 14 14 12 10 Arts/ Science/ Commerce with Computer Science/ Computer Application as a subject of at least 300 marks from any UGC recognized University, or Bachelor's degree in 14 14 12 10 Visual Art or Performing Art from any UGC recognized University or Computer Science/ information Technology/ Software System 4 Degree or Diploma in 6 [50% and [Belo Teacher's Training above] w (BT/E.Ed/PGBT/PGT 6 55%] or its equivalent) in 5 regular course or through Distance Jmode of Education/ Correspondence Course from a Teachers' Training Institution duly recognized by the NCTE/RCI in the relevant academic session 7 It is submitted by the learned Advocate General, West Bengal, 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 Work Education has been prescribed in Table 5 (as amended) of the said Rules, 2007. According to him, the above candidates are not required to participate in the "Teachers' Eligibility Test".
The above submissions made by the learned Advocate General, West Bengal are adopted by Mrs. Asha Gourisaria Gutgutia, learned Advocate appearing for the National Council for Teachers Education. According to Mrs. Gutgutia, National Council for Teachers' Education has not yet prescribed the minimum qualification for appointment of the above teachers for Work Education.
Having heard the learned Counsel appearing for the respective parties as also after considering the provisions of Table 5 (as amended) of the said Rules, 2007, I find that the conditions prescribed in clause (a) of Paragraph 2 of the Public Notice issued under Memo No.209/5277/CSSC/ESTT/2014 dated January 29, 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 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 Work Education for classes V to VIII of the Non‐Government Aided 8 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‐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‐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. )