initially vide notification dated 29.09.2022 seeking applications from qualified TET candidates to the posts of “Assistant Teacher” for Junior Basis Primary Schools, the subsequent notification, i.e, dated 28.10.2022, to add therein, to the required eligibility educational criterion, an additional training qualification of possessing Certificates /Diploma/Bachelor in physical education of duration not less than two years from any NCTE recognized institution, is not sustainable in terms of 2014 Regulations. The petitioner says that the 2014 Regulations have provided for separate “norms and standards” for teachers in general and physical education teachers. According to Mr. Ghose, who is representing the petitioners, the advertisement so published by the West Bengal Board of Primary Education is for filling up of the posts of “Assistant Teacher” and there is not any mention of vacancy, to be available, for teachers of physical education. He submits that, firstly, the Board was not empowered under the law to suggest any criteria for eligibility of the candidates who apply for the posts of “Assistant Teacher” , to be qualified with physical education credentials. Secondly, he says that the original notification, i.e, dated 29.09.2022 did not disclose any vacancy or requirement for teachers for physical education, excepting only for posts of “Assistant Teacher” . He points out that in accordance with the Regulation of 2014, physical education qualification would not be an essential part of qualification or eligibility for an “Assistant Teacher” .
