Calcutta High Court (Appellete Side)
Sumana (Mitra) Sen vs The State Of West Bengal & Ors on 15 January, 2018
Author: Patherya
Bench: Patherya
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F.M.A. 1197 of 2012
Ct. 08 With
15.01.18CAN 83 of 2012 With W.P. 7137 (W) of 2011 (Reference File) Sumana (Mitra) Sen Vs. The State of West Bengal & Ors.
Mr. Ekramul Bari, Syed Mansur Ali, Mr. Tauhid Khan ... for the appellant. Mr. Jahar Lal De, Mrs. Debarati Sen (Bose) ... for the State. Mr. Subir Sanyal, Mr. Ratul Biswas ... for the Board. Mr. Bhaskar Prasad Vaisya, Mr. Biswarup Biswas ... for the North 24 Pgs. D.P.S.C. The appellant herein challenges the order dated 29th September, 2011 passed in W.P. 7137 (W) of 2011. The appellant's name was sponsored by the Employment Exchange concerned at the request of the North 24 Parganas District Primary School Council dated 10th Mach, 2006 as a candidate eligible for the post of primary teacher in the North 24 Parganas District.
The vacancies declared were 1212. It is further 2 clarified that vacancy for Bengali medium were 1212 thereby implying all the posts for which the recruitment was sought was for the Bengali medium of instruction.
The appellant sat for and qualified in the examination conducted by the Primary School Council.
She was duly empanelled and the panel was sent for approval to the Director of School of Education, West Bengal.
However, in the meantime in view of diverse writ petitions being filed in relation to such recruitment the School Education Department on the 14th of December, 2010, issued instructions inter alia specifying the educational qualifications for the said posts. Such qualification was specified under Rule 6(2) read with 6(4) of the West Bengal Primary School Teachers' Recruitment Rules of 2001.
Such instructions also specified the equivalent Boards and/or qualifications as also the language and medium of instruction and the consequently the educational qualification thereof.
Paragraphs 9 and 10 of the said instruction issued under Rule 6(4) above are set out herein :- 3
9. Accordingly, it is hereby ordered that the Director of School Education, West Bengal shall first ascertain as to whether the candidate who has furnished the educational qualification which was issued by any one of the following 32 Authorities, equivalent to the West Bengal Board of Secondary Education. The following list is set out as per communication dated 21.09.2010 forwarded by the Deputy Secretary (Academic), West Bengal Council of Higher Secondary Education :-
I). Central Board of Secondary Education. II). Council for the Indian School Certificate Examination.
III). Board of Secondary Education, Andhra Pradesh.
IV). Board of Secondary Education, Assam.
V). Bihar School Examination Board. VI). Goa Board of Secondary and Higher Secondary Education.
VII). Gujrat Secondary and Higher Secondary Education Board.
VIII). Board of School Examination, 4 Haryana.
IX). Himachal Pradesh Board of School Education.
X). Jammu and Kashmir State Board of School Examination.
XI). Karnataka Secondary Education Examination Board.
XII). Kerala Board of Public Examination. XIII). Maharastra State Board of Secondary and Higher Secondary Education.
XIV). Board of Secondary Education, Madhya Pradesh.
XV). Board of School Education, Manipur. XVI). Meghalaya Board of School Education.
XVII). Mizoram Board of School Education. XVIII). Nagaland Board of School Education.
XIX). Board of Secondary Education, Orissa.
XX). Punjab School Education Board. XXI). Board of Secondary Education, Rajasthan.5
XXII). Tamil Nadu State Board of School Examination.
XXIII). Tripura Board of Secondary Education.
XXIV). Uttarpradesh Board of High School and Intermediate Education.
XXV). West Bengal Board of Madrasah Education.
XXVI). Viswa Bharati, West Bengal. XXVII). West Bengal Council of Rabindra Open Schooling.
XVIII). Jharkhand Academic Council, Ranchi.
XXIX). Chhatishgarh Board of Secondary Education.
XXX). Uttaranchal Siksha LVM Pariksha Parishad.
XXXI). The Secondary Examination conducted by National Institute of Open Schooling (N.I.O.S.).
XXXII). The International General Certificate of Secondary Education (I.G.C.S.E.) conducted by the University of Cambridge 6 International Examination.
10. As the medium of instruction (language) is very important for imparting lesson to the students especially at the Elementary Level, the candidate seeking appointment to the post of primary school teacher must have studied and passed in the specific language as a first or second language in the Madhyamik equivalent Level Examination for which medium of instruction, the candidate sought appointment to the post of primary school teacher. The Director of School Education, West Bengal shall also ascertain the matter carefully. The appellant/writ petitioner admittedly qualified from the Central Board of Secondary Education. The said Board is recognized as an equivalent to the West Bengal Board of Secondary Education, the Class - X School of the West Bengal Board of Secondary Education.
She also admittedly does not have Bengali either as medium of instruction or in first or second language in course of such school leaving examination conducted by the C.B.S.E. Her subjects as per the 7 school leaving certificate are set out herein :-
CODE SUBJECT
001 ENGLISH COURSE
002 HINDI COURSE
041 MATHEMATICS
086 SCIENCE WITH PRAC
P1=49 PR=25
087 SOCIAL SCIENCE
500 WORK EXPERIENCE
506 ART EDUCATION
502 PHY & HEALTH EDUCA
It is therefore abundantly clear that the
appellant/writ petitioner is in no way qualified in terms of instruction issued under Rule 6(4) set out hereinabove.
It was argued by the appellant/writ petitioner that the Rules 6(4) have been notified only in December, 2010. They should not have been retrospective operation prior thereto since the examination was conducted for recruitment in the year 2006. We are unable to agree on both scores. The first reason is that the publication of the results of such recruitment in the year 2006 occurred in the year 8 2010. Secondly, we have no doubt in our mind that this it is necessary and crucial for a primary teacher imparting subjects and education to children up to Class - IV, to have a qualification at least at the secondary level in Bengali in the form of a first language. Even if the medium of instruction of the appellant/writ petitioner at the secondary stage was Bengali, the same may have been considered.
In those circumstances, we find in no uncertain terms that the appellant/writ petitioner is not qualified to teach primary students in the District of 24 Parganas (North) in Bengali.
It is further argued by the learned counsel appearing for the appellant/writ petitioner that she has secured a Primary Teachers Training Certificate in Bengali medium. Since we are not placing ourselves in the shoes of the Administrative Authority, who issued the instructions under Rule 6(4) above, we do not wish to interfere in any way on the above argument in favour of the appellant/writ petitioner. In any event, the appellant/writ petitioner on her own showing in her representation dated 23rd August, 2010 annexed to the application for stay has stated that she does not have 9 Bengali as a subject in her Class - X equivalent examination.
We are, therefore, in agreement with the impugned order.
The appeal being F.M.A. 1197 of 2012 and the application being CAN 83 of 2012 are hereby dismissed.
However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
(Patherya, J.) (Rajasekhar Mantha, J.) 10 11