Disposed

Jagabandhu Maji and Ors. v. Human Resource Development

Jharkhand HC5 Nov 2018WPC/3556/2013

Case brief

AI extract

What is this about?

This single-judge court disposed of a writ petition seeking a TET certificate for petitioners trained at a recognized Bihar institution. The court refused to decide the merits immediately but directed the respondent to examine the petitioners' qualifications and pass appropriate orders within eight weeks.

What did the court decide?

Direction to respondents, particularly respondent no.3, to examine petitioners' educational qualifications and training and pass appropriate orders within 8 weeks.

Jagabandhu Maji and Ors. Vs Human Resource… — Pension and Retirement Benefits | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 3556 of 2013

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1.Jagabandhu Maji son of Narayan Chandra Maji, resident of Village and P.O. Beherakuri, P.S. Nala, District-Jamtara.

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2.Shashi Bhushan Singh, son of Sri Sukumar Singh, resident of VillageKaraya, Via-Nala, P.S. Bindapathar, District-Jamtara.

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3.Rajendra Prasad Mandal, son of late Haradan Mandal, resident of villagePanjunia, P.S. Baragholjore, P.S-Nala, District Jamtara.

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4.Malay Kumar Maji son of Tarapada Maji, resident of Village-Bhuli, P.ODebjore, P.S. Nala, District-Jamtara.

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5.Goutam Mondal son of Basudeb Mondal, resident of village-Bijoypur, P.O. Amba, P.S. Kundahit, District-Jamtara.

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6.Mukul Narayan Deo son of Sri Jai Narayan Deo, resident of village and P.O-Bahoriadih, P.S-Jumua, District Jamtara.

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7.Nilambhar Mahto son of Madhav Chandra Mahto, resident of villageBarwa, P.O-Mohanabak, P.S. Bindapathar, District-Jamtara.

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....... Petitioners

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Versus

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The State of Jharkhand through the Secretary/Principal Secretary, Human Resources Development Department, Government of Jharkhand, having office at Project Building, P.O & P.S.Dhurwa, Town and District-Ranchi. 2.The Director, Primary Education, Government of Jharkhand, having office at Project Building, P.O & P.S.Dhurwa, Town and District-Ranchi.

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3.The Jharkhand Academic Council, through its Chairman, having office at Gyandeep Campus, Bargawan, P.O. & P.S-Namkum, Town and DistrictRanchi.

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4.The National Council for Teachers Education through Regional Director, Kolkata. ..... Respondents

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..... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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---

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For the Petitioners : Mr. Manoj Tandon, Adv. For the Respondent-State: Mr. Rahul Kamlesh, A.C to S.C-II. For the JAC : Mr. Abhijeet Kr. Singh, Adv.

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CAV on 30/04/2018 Pronounced on 05/11/2018 Per Pramath Patnaik, J.

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In the captioned writ application, the petitioners have sought for the following reliefs:

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(i) For direction upon the respondents to issue Teachers Eligibility Test (TET) certificate to the petitioners, as the petitioners did their training from Teachers Training College of India, Ashok Nagar, Gaya (Bihar) which is a recognized Institution by National Council for Teachers Education (NCTE); (ii) To direct the respondent no.3 to disclose the marks obtained by the petitioners;

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(iii) To hold and declare that the respondent no.3 has no power to withhold the result of the petitioners on any ground whatsoever. 2. The brief facts, as has been delineated in the writ application, is that petitioners completed their teachers training course from Teachers Training College of India, Ashok Nagar, Gaya and the certificates/marks sheet of passing from the said institution has been granted to the petitioners by the Bihar School Examination Board, Patna as per Annexure-1 to the writ application. The minimum qualification of a teacher in the elementary school has been mentioned in the notification dated 23.08.2010 of the National Council for Teachers Education and in pursuance to the said notification a guideline was formulated with regard to conduct of the Teachers Eligibility Test (hereinafter in short referred to as TET) in the country. The State of Jharkhand under Article 309 of the Constitution of India has framed rules for appointment of Primary School Teachers which is known as Jharkhand Primary School Teachers’ Appointment Rules 2012 which has been notified on 05.09.2012 vide Annexure-4 to the writ petition. In pursuance to the Advertisement no.95 of 2012, vide Annexure-5 to the writ application published by the Jharkhand Academic Council (hereinafter in short referred to as JAC). All the petitioners applied for TET and after thorough scrutiny of the applications, admit card were issued to all the petitioners and as per the scheduled date petitioners appeared the test. After publication of the result all the candidates were directed to download the result from the website of the JAC and the status of the petitioners was shown as “rejected.” The reason shown is of invalid TT course which is evident from the result of the TET 2012 Examination as per Annexure-7 series to the writ petition. Aggrieved thereof the petitioners submitted representation to the respondent no.3 vide Annexure-8 series. It has been averred in the writ petition that the name of the Teachers Training College of India, Ashok Nagar, Gaya appeared at Serial no.25 under the heading Bihar Elementary as per Annexure-9 to the writ petition. It has further averred that the Nursery teachers training which is of a duration of 2 years has been imparted by the Teachers Training College of India, Ashok Nagar, Gaya is a valid teachers training course and the candidates who have done their course from the said institute have been allowed to be eligible for Central Teachers Eligibility Test (CTET) also, which is being held from time to time. It has further been reiterated that candidates trained from Teachers Training College of India, Ashok Nagar,

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Gaya have been allowed to appear in the Uttar Pradesh Teachers Eligibility Test (UP-TET) and their results have been published as the institution was recognized by the NCTE. Being aggrieved by the action of the respondent no.3 the petitioners have been constrained to approach this Court under Article 226 of the Constitution of India for redressal of their grievances.

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Learned counsel for the petitioner has strenuously urged that respondent no.3 does not have any unbridled or uncannalized power to withhold the result of the petitioners when candidates from similarly situated institutions have been allowed to appear the U.P Teachers Eligibility Test (UP TET) and the result have been published, therefore, the action of the respondents amount to violation of Article 14, 16 and 21 of the Constitution of India. Learned counsel for the petitioner further submits that the certificate of the Teachers Eligibility Test is an essential criteria for being appointed as a teacher after coming into force of Right to Education Act but the respondent no.3 in a very cavalier fashion has resorted to withholding of the results which is bereft of any cogent reasons. Learned counsel for the petitioner during course of hearing has referred to the rejoinder to the supplementary counter affidavit wherein it has been submitted that in the State of Uttar Pradesh the persons having certificate of Nursery Teachers Training (NTT) of two years are entitled for appearing in Teachers Eligibility Test (UP-TET) as evident from office memo dated 26.04.2013 vide Annexure-10 to the rejoinder affidavit. Further it has been submitted that one Sri Dharambir Kumar who has undergone two years teachers training has been granted the certificate Teachers Eligibility Test. The said Dharambir Kumar appeared in the Teachers Eligibility Test in the State of Bihar and he has been granted certificate of BE TET 2011 and on the basis of the said certificate Sri Dharambir Kumar has been offered the appointment letter.

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During course of hearing, learned counsel for the petitioner has referred to Section 11 of the Right of Children to Free and Compulsory Education Act 2009, which inter alia envisages appropriate Government to provide for Pre-school education.

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Controverting the averments made in the writ application, a counter affidavit has been filed on behalf of the respondents. In the counter affidavit it has been submitted that on scrutiny of Teachers Training Degree of the petitioners it has been found that the petitioners have done Nursery Teachers’ Training Course which was not a criteria as per the Advertisement no.95 of

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2012 for Teachers Eligibility Test and the training degree obtained by the petitioner is a Pre-school Training, as such, the same has not been made criteria in the advertisement. It has further been submitted that similar issue regarding recognition of Nursery Teachers’ Training came up before this Hon’ble Court in W.P.(S) No.3794 of 2005 and the Hon’ble Court vide order dated 24.06.2013 has been pleased to dismiss the writ petition as per Annexure-B to the counter affidavit wherein it has been held that under rule Jharkhand Elementary School Rules 2002, Nursery Teacher Training and Creche Management course is not equivalent to the Teachers Training Course prescribed under the Rules 2002.

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Supplementary counter affidavit dated 12.03.2015 has been filed by the respondent no.3 wherein it has been stated that notification dated 28.04.2012 of the National Council for Teacher Education has been published in the gazette of India whereby a regulation to amend Determination of Minimum Qualification for Recruitment of Teachers in Schools Regulation, 2001 has been notified. From perusal of the said notification it is evident that Preschool/Nursery (for children in the age group of 4-6 years) and for PreSchool/Nursery followed by first two years in a formal school (for children in the age group of 4-6 years and 6-8 years) the minimum academic and professional qualification are as follows:

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LEVEL	MINIMUM ACADEMIC AND PROFESSIONAL QUALIFICATIONS
I. Pre-School/Nursery (for	(i) Secondary School (Class ten)
children in the age group of	Certificate or its equivalent and
4-6 years)	(ii) Diploma/Certificate in Pre- school teacher education programme of a duration of not less than one year.
II. Pre-School/Nursery	(i) Senior Secondary School
followed by first two years	(Class twelve certificate or
in a formal school (for	Intermediate or its equivalent
children in the age group of	with the least 45% marks and
4-6 years and 6-8 years)	(ii) Diploma/Certificate in Nursery teacher education

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programme of a duration of not less than two year.

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Learned counsel for the respondent no.3 apart from justifying the action of the respondents has inter alia submitted that in L.P.A. No. 254 of 2013 the order passed by the Hon’ble Single Judge in W.P.(S) no.3794 of 2005 has been confirmed.

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Counter affidavit has been filed by respondent no.4 wherein it has been submitted that in exercise of power conferred under Section 32(2) read with Section 14 and 15 of the NCTE Act, the NCTE made 2002 Regulations prescribing norms and standards for various teacher education viz.

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(i) Norms and standards for Pre-school Teacher Education Programme; and

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(ii) Norms and Standards for Nursery Teacher Education Programme;

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The NCTE (Recognition Norms and Procedure) Regulation, 2014 provides norms and standards for diploma in early childhood education programme leading to Diploma in Pre-school Education (DPSE). It is apparent that the D.P.S.E/D.El. Ed./Nursery Teacher Training is a programme aimed at preparing the teachers for pre-school/Preparatory School Classes specifically to teach the children in the age group of class 3 to 6 years whereas the D. El. Ed. is a two year programme aimed to prepare teachers to teach at elementary stage i.e. for classes I to VIII. Therefore, Nursery Teacher Training diploma holders cannot be considered for recruitment as teachers for class I to VIII.

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A rejoinder to the counter affidavit dated 09.01.2014 has been filed to bring on record that there are several States in the country which are holding Teachers Eligibility Test including the State of Uttar Pradesh, Jammu & Kashmir and Andhra Pradesh where persons having NTT qualification are entitled for appearing in the Teachers Eligibility Test. It has further been submitted that one Dharmbir Kumar underwent NTT course from the institution where the petitioners also underwent the NTT course applied for Teachers Eligibility Test conducted by Central Government i.e. C.B.S.E. The C.B.S.E granted certificate of Teachers Eligibility Test to said Dharmbir Kumar. Thereafter said Dharmbir Kumar appeared in Bihar Elementary Teachers Eligibility Test-2011 and he has been appointed as a teacher as

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evident from Annexure-13 series. Further, it has been submitted that one Pradip Kumar Singh, who has undergone Nursery Teachers’ Training appeared in the Jharkhand TET Examination and the Jharkhand Academic Council has granted him the TET Certificate as per Annexures-15 series to the rejoinder affidavit.

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After bestowing my anxious consideration to the rivalized submissions and on perusal of the record, the question sought to be decided in the instant case is as to whether the petitioners who have undergone training from Teachers Training College, Gaya are entitled to be issued Teacher’s Eligibility Test certificate.

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It has been brought on record that similarly placed candidates, those who have got training from Teachers Training College, Gaya have been allowed to appear in the Uttar Pradesh Eligibility Test, since the said institution has been recognized by the NCTE. Even similarly placed teachers who appeared in the Teachers Eligibility Test in the State of Bihar have been granted certificate of BE TET 2011.

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In the instant case, the petitioners have not sought for appointment on the post of teachers but their prayer is for issuance of direction to the respondents to issue the Teachers Eligibility Test certificate. The question which fell for determination in case of Md. Mukhtar Ansari (L.P.A. No.254 of 2013) was as to whether Nursery Teacher Training & Creche Management course is equivalent to that of Teachers Training as defined in Rule 2(Kha) of Jharkhand Elementary School (Appointment) Rules 2002. But, in the present case the issue is that in view of the notification dated 23.08.2010 issued by the National Council for Teachers Education (NCTE), the degree which has been awarded to the petitioners for appearing in the Teachers Eligibility Test, whether is a valid degree and why the result for the exam conducted in the year 2012 will not be published.

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Since the grievance of the petitioners falls in a very narrow compass with regard to publication of results, it would be in the fitness of things to dispose of the writ application with direction to the respondents more particularly respondent no.3 to examine the educational qualification of the petitioners as well as the training undergone at Teachers Training College of India, Ashok Nagar, Gaya, Bihar and pass appropriate orders in accordance with law under the provisions of NCTE Act and other relevant extant rules within a period of 8 weeks from the date of receipt of a copy of the order.

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Accordingly, the writ petition stands disposed of.

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( Pramath Patnaik, J .)

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Saket/-

Jagabandhu Maji and Ors. v. Human Resource Development

Case brief

What is this about?

What did the court decide?

Jagabandhu Maji and Ors. v. Human Resource Development

Case brief

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What did the court decide?

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