Subrata Kumar Ghosh and ors. Vs. State of Jharkhand - Court Judgment

Excerpt:
- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - (3) on receipt of an application by the regional committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall- (a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such condition as may be determined by regulation;s.j. mukhopadhaya, j.1. this appeal has been preferred by the appellant against the order dated 5th march, 2004, passed by the learned single judge in w.p. (s) no. 1311 of 2004, whereby and whereunder, the writ petition, preferred by the writ petitioners/appellants has been dismissed in the light of an order dated 4th march, 2004, passed in w.p. (s) no. 588 of 2004 and analogous cases.2. the case of the appellants is that they applied in pursuance of an advertisement, published by jharkhand public service commission, ranchi (hereinafter to be referred as 'j.p.s.c.') in august, 2002 (published in the newspaper 'hindustan' on 28th august, 2002) for appointment to the posts of primary trained teachers in primary schools, situated within the territory of the state of jharkhand. they appeared in the written examination, held on 27th may, 2003. thereafter, the result of successful candidates was published on 14th november, 2003 in the newspaper 'dainik jagran' and they were shown successful. later on, a notice was published in the newspaper 'dainik jagran', issued under the signature of the secretary, primary and secondary education, human resources development department, government of jharkhand, ranchi, whereby, it was informed that all the selected candidates should remain present in the office of the district superintendent of education, east singhbhum, jamshedpur, along with their original certificates and self-attested xerox copies of all the academic certificates on the specified dates, as shown in respect of such candidates.3. further case of the appellants is that they passed b.ed. examination from teachers training colleges, affiliated to vidya sagar university, midnapore, west bengal. vidya sagar university is a university, recognized by the university grant commission and is shown at serial no. 197 of the list of recognized universities.4. the grievance of the appellants is that though they produced the relevant certificates, such as, b.ed. certificates, mark-sheets, admit cards, issued by the j.p.s.c., and two self-attested pass-port size photographs, on the relevant dates in between 11th november, 2003 to 24th november, 2003 in the office of the district superintendent of education, east singhbhum, jamshedpur, they have not been provided with the letters of appointment. they were again called for along with the certificates and documents, showing affiliation of their respective training colleges, which they also produced on 27th january, 2004 before the district education officer, who was holding his office at rajasthan government school, jamshedpur. but still no letter of appointment has been issued in their favour.5. similar question earlier fell for consideration before a learned single judge of this court in w.p. (s) no. 588 of 2004 (suresh kumar and ors. v. state of jharkhand and ors., and analogous cases. the learned single judge by judgment dated 4th march, 2004 held that the requisite qualification i.e. degree/diploma/ training certificate from a recognized institute means an institute, recognized by the national council for teachers education (hereinafter to be referred as 'n.c.t.e.'). in those cases, it was held that the writ petitioners had not passed teachers training from an institute, recognized by the n.c.t.e. and, as such, their writ petitions were dismissed. the aforesaid judgment has been followed by the learned single judge in the present case.6. the judgment, passed by the learned single judge in the case of suresh kumar and others (supra) fell for consideration before a division bench of this court in l.p.a. no. 235 of 2004 (dilip kumar gupta and ors. v. state of jharkhand and ors.) see 2005 (2) jcr 293 (jhr), and analogous cases. the division bench of this court by its judgment dated 30th march, 2005 held that the expression 'recognized training institute (manyata prapt prakshikshan sansthan)', as occurring in rule 2(kha) of jharkhand primary school recruitment rules, 2002, means a training institute, recognized or established either by the state government or union of india or statutory bodies, such as, n.c.t.e., u.g.c. etc./organizations, maintained and controlled by either state government or central government or a training institute, recognized or affiliated by a university for imparting teachers training course. the court also noticed that the secretary, primary and secondary education, human resources development department, government of jharkhand, ranchi vide letter no. 8/b-1-423/03-404 dated 16th february, 2004 after considering relevant rules, issued guidelines as to how the teachers training certificates are to be scrutinized. with regard to the candidates, who have passed teachers training examinations from the institutes, registered under societies registration act and is situated within the territory of west bengal, prohibition was imposed to appoint those, who have passed from unrecognized institutes, such as devid hare college of correspondence, kolkata; sister nivedita college, kolkata; all india education society, kolkata, all india correspondence coaching society, kolkata etc. with regard to the candidates, who have passed teachers training examinations, conducted by a university, recognized by the university grant commission, no prohibition has been made.7. it is not in dispute that the national counsel for teachers education act, 1993 (act 73 of 1993) came into effect from 1st day of july, 1995, section 14 whereof while deals with recognition of the institutions, offering courses of training in teachers education, section 16 deals with affiliating body to grant affiliation after recognition or permission by the council. both the sections are being quoted hereunder :'14. recognition of institutions offering course of training in teacher education.-(1) every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by regulations.provided that an institution offering a course of training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the regional committee.(2) the fee to be paid along with the application under sub-section (1) shall be such as may be prescribed.(3) on receipt of an application by the regional committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall-(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such condition as may be determined by regulation; or(b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing :provided that before passing an order under sub-clause (b) the regional committee shall provide a reasonable opportunity to the concerned institutions for making written representation.(4) every order granting or refusing recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the official gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the state government and the central government.(5) every institution in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3).(6) every examining body shall, on receipt of the order under sub-section (4)--(a) grant affiliation to the -institution, where recognition has been granted; or(b) cancel the affiliation of the institution, where recognition has been refused. xxx xxx xxx'16. affiliating body to grant affiliation after recognition or permission by the council--notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day :--(a) grant affiliation, whether provisional or otherwise, to any institution; or(b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognized institution.unless the institution concerned has obtained recognition from the regional committee concerned under section 14 or permission for a course or training under section 15.'8. the appellants have stated that they have passed b.ed. examinations from vidya sagar university. their certificates show that they have passed the examinations in the year, 1997 and 2002. from the certificate dated 5th january, 2004, issued by vidya sagar university it appears that the following colleges, conducting bachelor of education (b.ed.) are affiliated to the vidya sagar university midnapore, west bengal :(1) vidya sagar teachers' training college, mednipor, district-paschim medinipur;(2) sevayatan sikshan mahavidyalaya, jhargram, district-paschim medinipur;(3) panskura banamali college, panskura, district-purba medinipur;(4) tamralipta mahavidyalaya, tamluk, district-purba medinipur;(5) prabhat kumar college, contai, district-purba medinipur;(6) y.s. palpara mahavidyalaya, pal-para, district-purba medinipur.9. the aforesaid letter dated 5th january, 2004 shows that vidya sagar university was established by act, vidyasagar university act, 1981 (west bengal act xviii of 1981), published in calcutta gazette, extraordinary on 24th june, 1981. the ugc recognized the university in the year 1990. annexure 3 contains the list of recognized universities (state-wise) as on 28th november, 2003, published by university grant commission, new delhi, wherein, vidya sagar university, midnapore, has been shown at serial no. 197.10. either from the writ petition or the memo of appeal it is not clear as to from which college one or other appellant has passed b.ed. examination, which is affiliated to vidya sagar university, midnapore.11. we have noticed that under section 14 of act, 1993 every institution offering or intending to offer a course or training in teachers education on or after the appointed day i.e. 1st july, 1995 may make application for its recognition by the n.c.t.e. under proviso to sub-section (1) of section 14 an institution offering a course of training in teacher education immediately before the appointed day i.e. prior to 1st july, 1995 was entitled to continue such course or training for a period of six months that means up to december, 1995. thereafter, without recognition by the n.c.t.e., no institution offering a course or training in teachers education can run the institute; that means since january, 1996 there is a bar to run an institute for offering a course or training in teachers education. clause (b) to section 16 also prohibits an examining body to hold examination, whether provisional or otherwise, for a course or training, conducted by an unrecognized institution. in view of the aforesaid provisions of law, even if a teaches training institute is affiliated to a university, which is recognized by the university grant commission, such as, vidya sagar university etc., offering training course, if not recognized by the n.c.t.e., no examination can be held by a university, whether provisional or otherwise for the students who completed teachers training course after january, 1996. the examination of the students, who have completed teachers training course from an unrecognized institution, even if conducted by a recognized university, the same being against the provisions of section 16 read with section 14 of the n.c.t.e. act, 1993, cannot be treated to be a recognized degree for the purposes of appointment as teacher in a primary school.12. in the present case, it is to be determined whether the teachers training institutions from where the appellants have completed bachelor of education course after july, 1995 are recognized by the n.c.t.e., and these basic facts not having been pleaded either in the writ petition or memo of appeal, no such finding of fact can be given by this court. without deciding the aforesaid issue, it cannot be said whether the appellants are holding any b.ed. degree from a recognized institution or not. this issue having not been discussed nor having been decided by the learned single judge, the order dated 5th march, 2004, passed in w.p. (s) no. 1311 of 2004, is hereby set aside. the case of the appellants is remitted to the secretary, primary and secondary education, human resources development department, government of jharkhand, ranchi. if one or other appellants produces details of the institute(s) from where he/they has/have completed bachelor of education course and the degree granted by the vidya sagar university, the secretary concerned will make necessary enquiry, if so required from the n.c.t.e. and will determine whether such institutions are recognized by the university and thereby, whether b.ed. degree, granted by the vidya sagar university, should be accepted for appointment of these appellants to the posts of primary teachers in primary schools of the state of jharkhand. a decision in this regard be taken by him and communicated to the appellants within a period of two months from the date, the appellant(s) approaches/ approach the secretary. this letters patent appeal stands disposed of with the aforesaid observations and directions.narendra nath tiwari, j.13. i agree.