SUMIT MANDAL & OTHERS Vs. STATE OF WEST BENGAL & OTHERS
HIGH COURT OF CALCUTTA
Sumit Mandal And Others
State of West Bengal and Others
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Samapti Chatterjee, J. -
(1.) The following issue is to be determined in this case :-
Whether the Respondent authority particularly the West Bengal Board of Primary Education is duty bound to issue TET Pass Certificate to the petitioners in terms of Clause 11 read with Clause 14 of the guidelines dated 11th February, 2011 framed by the National Council for the Teacher Education?
Fact of the Case
(2.) The petitioners' case in a nutshell is as follows :-
The petitioners have participated in the Teacher Eligibility Test, 2014 (hereinafter referred to as "TET 2014") in terms of the notification issued by the West Bengal Board of Primary Education on 26th June, 2015 as well as the notification dated 12th October, 2016. Further the petitioners are eligible candidates for competing the selection process for appointment to the post of primary teacher through TET, 2014. They also possess requisite qualifications to participate in the selection process of Teacher Eligibility Test' 2014 conducted by the West Bengal Board of Primary Education.
It is also the case of the petitioners that all the petitioners are B.Ed qualified candidates. Accordingly the petitioners appeared in the written examination for TET, 2014. On 26th June, 2015 a notification on application form for TET, 2014 was published by the West Bengal Board of Primary Education. In terms of the said notification the eligibility criteria for appearing in the selection process as well as for appointment to the post of primary teacher through "TET 2014" is quoted below :-
"A person who has passed the H.S or its equivalent examination with 50% marks (45% for reserved category) or has been a graduate irrespective of the percentage of marks in such gradation examination from a recognized university in 2014 or before 25th May, 2015 is only eligible as per the aforesaid notification to get the form."
Result of the said examination was published on 14th September, 2016 and petitioners got the result through the internet from the web site of Board according to their respective roll numbers. Despite being qualified in the "TET 2014" petitioners were not supplied with the "TET 2014" pass certificate from the West Bengal Board of Primary Education till date, all though the guidelines dated 11th February, 2011 issued by the National Council for Teachers Training clearly specified that the appropriate government conducting the TET shall issue certificate to all the successful candidates and the certificate should contain the names of the candidates, date of birth, registration number, year/month of award of certificate, marks obtained in each paper, class level of his validity (Classes I to V and Classes VI to VIII or both ).
Unfortunately the West Bengal Board of Primary Education has refused to follow the said guidelines and arbitrarily, illegally withheld issuance of certificates to the petitioners.
Hence the present writ petition.
Submissions of the learned Advocates
(3.) Mr. Bikash Ranjan Bhattacharya, learned senior Advocate appearing for the petitioners submitted that guidelines for conducting Teacher Eligibility Test under Clause 14 has specifically directed the appropriate government as follows:-
"Clause 14. The appropriate government conducting the Test shall award a TET Certificate to all successful candidates. The certificate should contain the name and address of the candidate, date of birth, registration number, year/month of award of certificate, marks obtained in each paper, class level of its validity (Classes I to V and Classes VI to VIII or both ) and in case of Classes VI to VIII the subject area (Science and Mathematics, Social Studies, etc). The certificate may be electronically generated with adequate security features. Appropriate may consider utilizing the services of specialized agencies for issuing de-materialized (demat) TET certificates as a scrutiny feature to avoid any kind of malpractice."
Mr. Bhattacharya further contended that the petitioners appeared in the TET examination for the session 2014-15. He also contended that the notification dated 28th June, 2018 of the National Council for Teacher Education (hereinafter referred to as 'NCTE') prescribed that graduation with at least 50% marks and B.Ed candidates who has acquired the qualifications of Bachelor of Education from any NCTE organisation shall be considered for appointment as the teacher for classes I to V provided the person so appointed as a teacher shall mandatorily undergo a six month Bridge Course in Elementary Education in any recognised institution within two years of such appointment as primary teacher. Therefore, Mr. Bhattacharya submitted that the petitioners being the B.Ed qualified candidates duly appeared in the TET examination in the year 2015 and the result was published on 14th September, 2016 but till date the TET pass certificate has not been issued in favour of the petitioners.
Curiously by the notification dated 2017 issued by the West Bengal Board of Primary Education the eligible candidates have been asked to take form and submit the same for appearing in the TET examination for 2017.;
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