Rajiv Kumar Mishra Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:
education - national council for teachers education act, 1993, sections ncte--amended provisions under rules and provisions, state that any alternate degree was no more sufficient to become eligible for appointment at post of primary teacher--eligibility only passing of examination conducted bv jharkhand public service commission--petition disposed. - 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. - acts and rules, as discussed above,.....orders.j. mukhopadhaya, j.1. this writ petition has been preferred by the petitioner for a direction on the respondents to consider his case for appointment as primary teacher under the state of jharkhand.2. according to the petitioner, he is eligible for appointment to the posts of primary teacher and though he has competed in the written test for appointment to the post of primary teacher, held by jharkhand public service commission, ranchi (hereinafter to be referred as jpsc) he has not been proved with the letter of appointment whereas the person, below him in the merit list, have been appointed.3. the case of the petitioner is that he, having passed b.ed. examination from s.n. zaheer alam teaches training college, examination of which was conducted by lalit narayan mithila.....

Judgment:
ORDER

S.J. Mukhopadhaya, J.

1. This writ petition has been preferred by the petitioner for a direction on the respondents to consider his case for appointment as Primary Teacher under the State of Jharkhand.

2. According to the petitioner, he is eligible for appointment to the posts of Primary Teacher and though he has competed in the written test for appointment to the post of Primary Teacher, held by Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as JPSC) he has not been proved with the letter of appointment whereas the person, below him in the merit list, have been appointed.

3. The case of the petitioner is that he, having passed B.Ed. Examination from S.N. Zaheer Alam Teaches Training College, examination of which was conducted by Lalit Narayan Mithila University, Darbhanga (1997 session), Is eligible for appointment to the posts of Primary Teacher. Provisional certificate, granted by the University has been enclosed as Annexure 7 to the writ petition. In pursuance of an advertisement, published by the JPSC in the month of August, 2002, the petitioner applied for appointment as Primary Teacher in Nationalized Primary School. He was allowed to appear at the written competitive test held on 27th May, 2003. Thereafter, results of the successful candidates were published in the month of November, 2003 and the petitioner was also declared successful. However, letter of appointment has not been issued to him, though the persons below him in the merit list, have been appointed.

4. When the case taken up, learned counsel for the State relied on a judgment dated 4th March. 2004, rendered by learned single Judge of this Court in the case of Suresh Kumar and Ors. v. State of Jharkhand and Ors., WP (S) No. 588 of 2004 [See 2004 (2) JCR 274 (Jhr)] and analogous cases. Those cases were dismissed on the ground that the Institute from where those petitioners passed Teachers Training Examination was not recognized by the National Council For Teachers Education. The judgment, rendered in WP (S) No. 588. Suresh Kumar and Ors. v. State of Jharkhand and Ors., and analogous cases fell for consideration before a Division Bench of this Court in LPA No. 235 of 2004, Dilip Kumar Gupta and Ors. v. The State of Jharkhand and Ors. and analogous cases. In the said case, Division Bench of this Court having taken note of expression 'Recognized Training Institute', held as follows :

'Therefore, on a proper construction of expression 'Recognized Training Institute' (Manyata Prapt Prakshikshan Sansthan), as occurring in Rule 2 (kha) of Rules, 2002, I hold that the expression 'Recognized Training Institute' means a Training Institute, recognized or established either by State Government or Union of India or Statutory Bodies, such as N.C.T.E., U.G.C. etc./ Organizations, maintained and controlled either State Government of Central Government or a Training Institute, recognized or affiliated by a University or a Board for imparting Teachers Training Course.

XX XX XX XXIn the facts and circumstances, having regard to the guidelines, issued by the State from time to time, and the provisions of the Ordinances. Acts and Rules, as discussed above, in my considered opinion :-

(a) 'Recognized Institute' means an institution recognized or established by State Government or Union Government or by Statutory Bodies/Organizations, maintained and controlled by either State Government or Central Government or recognized University or affiliated by a recognized University for imparting education (training herein).

(b) After 1st July, 1995 or a best for another period of six months i.e. after 1st January, 1996 nobody, offering a course or training in Teachers Education, can run the institute without prior recognition by the N.C.T.E., there being bar to run such institute under Sub-section (1) to Section 14 of the N.C.T.E Act, 1993.

(c) Even if a Teachers Training Institute is affiliated to a University, recognized by the University Grant Commission, no Teachers Training Examination can be held by the University whether provisional. or otherwise, for the students of such Teachers Training College after 1st January, 1996, if the institute is not recognized by the N.C.T.E., in view of Clause (b) to Section 16 of the N.C.T.E. Act, 1993;

(d) A person, who has completed and obtained a Degree/Diploma/Certificate in Teacher Training Course prior to 31 st January, 1996 i.e. six months after promulgation of the N.C.T.E. Act, 1993 from a institute, recognized or established by the State Government or Union Government or by Statutory Bodies/Organizations, maintained and controlled by either State Government or Central Government or recognized University or affiliated by a recognized University for imparting Teachers Training Education, is eligible for appointment to the post of Primary Teacher, if otherwise found fit and

(e) Since 4th September, 2001 i.e: the date N.C.T.E. (Determination of Qualification and Recruitment of Teachers) Regulation, 2001 came into force, no untrained person can be appointed to the post of Primary Teacher.'

The Division Bench also took note of ;he relevant provisions i.e. Rule 2 (kha) of the Jharkhand Primary School Amendment Recruitment Rules, 2003 as also Sections 14 and 16 of the National Council For Teachers Education Act, 1993 (Act No. 73 of 1993) and held as follows :

'2. Definition-

xx xx xx xx(kha) 'Trained' means those persons, who have got and passed the following training from a recognized training Institution :-

(I) Two years Teachers Training, or

(II) B.Ed. Dip in Ed. Dip. in Teach

xx xx xx xx'14. Recognition of institutions offering course of training in teacher education.-(1) Every institution offering or intending to offer 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 if 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, an 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.

xx xx xx16. '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.'

xx xx xx xxTaking into consideration the facts and circumstances of the case, the statutory Rules, 2002 and the decisions, rendered by the Supreme Court, as discussed above, in my view no ground is made out to interfere with the orders passed by the Secretary, Human Resources Development Department (Primary Education), Govt. of Jharkhand, Ranchi, as affirmed by the learned single Judge or to grant any relief to the appellants-petitioners. The appellants-petitioners, having no requisite qualification of Teachers Training as per Rule 2 (kha) of Rules, 2002, many of them having obtained training qualification from unrecognized institutions and one institution even found fake by the U.G.C. and the Degree Diploma Certificate obtained in other cases are not being equivalent to Trained Graduate Teachers Training, no relief can be granted to any of them. There being no merit. All the appeals and the analogous writ petition are hereby dismissed. However, in the facts and circumstances, there shall be no order as to cost.'

8. Admittedly, the petitioner passed B.Ed. Examination after 1st July, 1995 i.e. after N.C.T.E. Act, 1993 came into force. It is also not in dispute that the petitioner prosecuted his Teachers Training in an Institute, known as S.N. Zaheer Alam Teachers Training College. There is nothing on the record to suggest that S.N. Zaheer Alam Teachers Training Institute was recognized by the National Council For Teacher Education, New Delhi. Such being the position after N.C.T.E. Act, came effect and in view of Sections 14 and 16 of the N.C.T.E. Act, 1993, there was no occasion for any University to hold B.Ed Examination of the students of the college, not recognized by the National Council For Teachers Education.

9. In the facts and circumstances no specific relief can be granted in favour of the petitioner, but he is given liberty to approach the competent authority, if the Institute from where he has prosecuted Teacher Training i.e. S.N. Zaheer Alam Teacher Training College is recognized by the National Council For Teachers Education. If it is brought to the notice of the competent authority i.e. Secretary, Human Resources Development Department, Govt. of Jharkhand, Ranchi, or the concerned District Education Officer that the Institute i.e. S.N. Zaheer Teachers Training College has been recognized by the National Council for Teachers Education, the said authority will consider the case of the petitioner for appointment to the post of Primary Teacher, if he is otherwise eligible and competed in the written test and has been recommended by the JPSC.

10. The writ petition stands disposed of the aforesaid observations and directions.