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2022 Supreme(Jhk) 599

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ravi Ranjan, Sujit Narayan Prasad, JJ.
Radha Govind Primary Teachers’ Training College – Appellant
Versus
The State of Jharkhand and ors. - Respondents
L.P.A. No. 166, 253, 254, 365, 366 of 2021
Decided On : 15-06-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajit Kumar, Sr. Advocate, Mr. Manoj Tandon, Advocate, Mr. Vishal Kumar Tiwari, Advocate, Mr. Harsh Chandra, Advocate
For the Respondent:Mr. Munna Lal Yadav, S.C. (L &C) III, Mr. Deepak Kumar, A.C to SC (L&C)III, Mr. Navneet Toppo, S.C. – V, Ms. Moushmi Chatterjee, AC to SC V, Mrs. Richa Sanchita, Advocate, Mr. Sunil Kumar, Advocate.

Headnote:

Age Eligibility - Primary Teachers Training Programme - Clause 6 of Resolution No. 1382 dated 20.05.2004 - [Clause 6 of Resolution No. 1382 dated 20.05.2004] - The court discussed the validity of Clause 6 of Resolution No. 1382 dated 20.05.2004, which prescribed the minimum age for taking admission in Primary Teachers Training Programme as 18 years. The court held that the provision was a matter of policy of the State and was not arbitrary or unreasonable. The court also emphasized that the State Government had the liberty and freedom in framing policy decisions, and interference by the court was only warranted if the action of the State was found to be arbitrary and suffered from vice or malice.

ORDER :

L.P.A. No. 166 of 2021

Perused the office note.

2. In view of the statement made in paragraph 3 of the supplementary affidavit dated 05.03.2022, defect no. 2 stands rectified.

L.P.A. No. 166, 253, 254, 365 and 366 of 2021

3. Learned counsel for the parties submitted that this Court vide order dated 15.06.2022 directed to list all these appeals together considering the involvement of similar issues in the matter and as such, the same have been listed today for hearing.

4. Accordingly, with the consent of learned counsel for the parties, these intra-court appeals have been heard together and are being disposed of by a common order.

5. The instant intra-court appeals, under clause 10 of the Letters Patent, have been preferred against common order/judgment dated 12.02.2021 in W.P. (C) No. 4192 of 2012 and batch matters whereby and whereunder the writ petitions have been dismissed declining to interfere with Clause 6 of Resolution No. 1382 dated 20.05.2004 issued by the Human Resource Development Department, Government of Jharkhand prescribing minimum age for taking admission in Primary Teachers Training Programme as 18 years, which shall be counted on 1st July of every academic session on the ground of same being not in consonance with the norms of National Council for Teacher Education Act, 1993.

6. The brief facts of the case, as per pleadings made in the writ petition, which are required to be enumerated read as hereunder:

In L.P.A. No. 166 of 2021, the petitioner-appellant is College-Radha Govinda Primary Teachers Training College whereas in rest of the appeals, the petitioners-appellants are the students, who got training in the relevant year from the concerned Primary Teachers’ Training Colleges.

The appellants-students claimed to have taken admission for diploma in primary teachers’ training course in Primary Teachers’ Training College and after completion of their training, the process of registration of students was started by the Jharkhand Academic Council (JAC), for which, requisite fees etc. for registration was paid by the appellants-students. But, it was informed to the appellants-students that their forms have not been accepted, therefore, admit card is not issued by the Jharkhand Academic Council because their age is below 18 years at the time of admission to the concerned primary teachers training college, which is in violation of Clause 6 of Resolution No. 1382 dated 20.05.2004 issued by the Human Resource Development Department, Government of Jharkhand prescribing minimum age for taking admission in Primary Teachers Training Programme as 18 years. Therefore, it was informed that they would not be allowed to appear in the final examination.

Aggrieved thereof, the appellant-college as also appellants-students filed batch of writ petitions, in which, interim order was passed, by which, the petitioners-students were permitted to submit their application to respondent-Jharkhand Academic Council, who in turn was directed to issue admit card to them and permit them to appear in the examination. Pursuant thereto, the petitioners appeared in the examination but their result was withheld on the ground that they were below 18 years of age at the time of admission in primary teachers training course.

It is in that background, the writ petitions were filed by the writ petitioners assailing the condition as stipulated under Clause 6 of Resolution No. 1382 dated 20.05.2004 issued by the Human Resource Development Department, Government of Jharkhand prescribing minimum age for taking admission in Primary Teachers Training Programme as 18 years for admission in teachers training colleges i.e. B.Ed, C.P. Ed, PTT etc.

It has been contended that the Government of Jharkhand, Human Resource Development Department amended the Resolution No. 1382 dated 20.05.2004 and the minimum educational qualification marks for admission in two years Primary Teachers Training Programme was raised to 50% from earlier 45%, but no amendment was made in Clau

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