Dilip Kumar Ghosh vs Chairman - 2005 Supreme(SC) 1176

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2005 Supreme(SC) 1176

2005(6) Supreme 236
Supreme Court of India
(From Calcutta High Court)
Arijit Pasayat & H.K. Sema, JJ.
Dilip Kumar Ghosh & Ors. —Appellants
versus
Chairman & Ors. —Respondents
Civil Appeal No. 7119 of 2003
Decided on 12-9-2005
Counsel for the Parties :
For the Appellants : Vijay Hansaria, Sr. Advocate, Reuzal Hussain, Kanishak Gupta, D. Bharat Kumar and Abhijit Sengupta, Advocates.
For the Respondents : Tara Chandra Sharma, Ms. Neelam Sharma, Avijit Bhattacharjee, Rana Mukherjee, Ms. Indrani and Abhist Kumar, Advocates.

Headnote:Service Law—Recruitment and Leave of Teachers in Primary Schools in West Bengal Rules, 1991—Rules 2(n), 9 and 35—Post of Primary School Teacher—Appellants holding B.Ed. degrees and trained candidates who possessed qualification JBT/PTTC were sponsored by District Employment Exchange —Appellants in written examination were denied awarding marks against training qualification as they were not holders of Junior Basic Training/Primary Teachers Training Certificate—Writ filed by appellant was allowed by Single Judge but Division Bench set aside the order—Appeal—Whether appellants holding B.A./B.Ed./Ph.Ed. degrees could be equated with candidates who were holding JBT/PTTC for appointment to the post of Primary School Teachers under the Rules? No.
Held : The rules, as noticed above, were framed primarily for recruitment of teachers for primary school and the rules were designed to give an incentive to the teachers who are specifically trained to teach in primary schools. The rationale behind the framing of this rule is that the JBT/PTTC certificate trained teachers should be appointed so that they can impart proper education to the primary school students in terms of the aims and object with a trained hand. The rules purposely laid an emphasis that all the candidates for teachers in primary schools who possessed JBT/PTTC should be appointed for the development of the child. The primary education is upto 4th standard. There is a middle education and then secondary and higher secondary education. For teaching in the primary school, therefore, one must know the child psychology and development of a child at tender age. As already noticed, the candidates like the appellants who are trained in B.Ed. degree are not necessarily to be equipped to teach the students of primary class. They are not trained and equipped to understand the psychology of a child of tender age. It is in this context, Rule 2(n), Rule 6 and Rule 9 are to be read in conjunction. Rule 2(n) defines trained candidate. The term ‘trained candidate’ if read and understood in the context of appointment of teachers in the primary school, would mean a candidate who possessed JBT/PTTC. Rule 6(d) as quoted above expressly put a prohibition that no extra credit shall be given to higher academic qualification for the purpose of selection of a teacher. A conjoint reading of Rule 2(n) and Rule 6(d) would make up abundantly clear that for appointment of a teacher in primary school only the candidates who possessed the academic qualification prescribed under the rules JBT/PTTC shall be considered and the candidates like the appellants who possessed higher academic qualification like BA/B.Ed. shall not be given any credit. (Paras 8 to 10)

Judgment

H.K. Sema, J.—This appeal preferred by the appellants is against the judgment of the Division Bench dated 14.12.2001 passed by the Calcutta High Court in MAT No. 4285/2000 whereby the appeal filed by the respondents herein was allowed by setting aside the order of the learned Single Judge.

2. Briefly stated, the facts are as follows:

The appellants are the holders of B.Ed. Degree. They applied for the post of Primary School Teacher in the District of Nadia, West Bengal. Pursuant to the advertisement for filling up the post of Primary School Teachers, their candidature were sponsored by the Employment Officer and their names were forwarded to Chairman, District Primary School Council for the interview. The trained candidates who possessed qualification JBT/PTTC who were also sponsored by the District Employment Exchange were forwarded along with the candidature of the appellants. The appellants along with other trained teacher candidates were directed to appear for written test to be held on 18.7.1999. However, they were denied awarding marks against the training qualification as they were not holders of Junior Basic Training/Primary Teachers Training Certificate (JBT/PTTC). Aggrieved thereby, the appellants filed a writ petition which was allowed by the learned Single Judge. On appeal being preferred by the respondents herein, the Division Bench set aside the order of the learned Single Judge and the writ petition was dismissed, hence, this appeal by special leave.

(a) The whole controversy revolves around for determination is as to whether the appellants who have obtained B.A./B.Ed./Ph.Ed. degrees can be equated with the candidates who are the holders of Junior Basic Training/Primary Teacher Training Certificate for the purpose of appointment to the post of Primary School Teacher under the Rules.

(b) What is the true and correct interpretation and ambit of Rule 2(n) of the Recruitment and Leave of Teachers in Primary Schools in West Bengal Rules of 1991 (hereinafter referred to as the ‘rules’).

3. In order to address the aforesaid two issues, it is necessary to have a quick survey of the provisions of rules relevant for the present purpose.

4. It is significant to note that Rules were framed for Recruitment and Leave of Teachers in Primary Schools in West Bengal.

“Rule 2(n) defines `Trained Candidate’ means a candidate who has obtained a Junior Basic Training/Primary Teacher Training Certificate or equivalent issued under the authority of the Director or any other officer empowered in this behalf by the Government.”

“Rule 6. Qualifications—

(a) No person shall be appointed by the Council as a teacher unless he satisfied the conditions:

(i) that he is a citizen of India; and

(ii) that he is not below 18 years of age and above 40 years of age; and

(iii) that he possesses the minimum educational qualification as mentioned in sub-rule (b);

(b) The required educational qualifications for the post of teacher shall be-

(i) School Final/Madhyamik pass or equivalent, or;

(ii) Higher Secondary (XI-Class) pass under the West Bengal Board of Secondary Education or equivalent.

(d) No extra credit shall be given for higher academic qualification at the time of selection of a teacher; (emphasis supplied).

Provided that a trained candidate shall be given extra credit in the manner prescribed under sub-rule (c) of Rule 9.

(e) A trained candidate belonging to schedule tribe category who have not passed Madhyamik examination or its equivalent shall be eligible for appointment as teacher in Primary School.”

Rule 9. Selection Procedure—

(a) On after the names of the candidates for the posts of teachers are obtained from the employment exchange, all candidates shall be communicated in writing to produce testimonials certificates for computation of their marks in the score sheets prepared for the purpose of such selection.

(b) Credit shall be

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2005 Supreme(SC) 1176

Cases Referred (3)