PURUSHOTTAM PANDEY, SON OF LATE JANARDAN PANDEY, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA AND OTHERS

JUDGEMENT

(1.) 1. The dispute in the present writ application is with regard to the status of B Ed degree granted by Tribhuwan University, Nepal for the purposes of recruitment of trained Teachers in this State. It is not in dispute that Tribhuwan University, Nepal is a University of the State of Nepal. It is not a private University. The said University has two types of B. Ed. Courses, one a three year's Graduation Course and the other a one year Post Graduate Course. The three years' Graduation Course, taken together with earlier educational period, comes to 15 years that is 10+2+3 whereas the one year Post Graduate Course is a 16 years Course that is 10+2+3+1. The confusion started with one Indrani Sinha. She had got B Ed degree from Tribhuwan University as a Graduate Course. Central Government, noticing that this was a 10+2+3 years' Course, it did not give it the recognition as a B Ed Course and its equivalence to Indian B. Ed. Course. It appears, without appreciating this valid distinction, in this State, a Circular has been issued giving example of Indrani Sinha's case to convey that all B. Ed. degrees from Tribhuwan University has no Indian valid equivalence. This has created all the confusions. Mr. Binod Kanth, learned Senior Counsel appearing for the petitioner submits that the Association of Indian Universities, which is a recognised body by Government of India, and NCTE have clearly shown that one year's Diploma in Education after Graduation from Tribhuwan University is equivalent to B. Ed. degree of an Indian University. He further draws my attention to the letter dated 11th Feb., 2010 of the Association of Indian Universities, appended as Annexure-3 to the interlocutory application, which clearly shows that the Association has resolved to grant equivalence to B. Ed. degree programme offered by Tribhuwan University as equivalent to B. Ed. degree of Indian University provided Tribhuwan University's admission criteria be at par with the admission criteria prescribed by the NCTE/concerned University. If we then refer to the letter of NCTE (Annexure-4), that in clear terms prescribes that so far as question of validity of B. Ed. degree from Tribhuwan University, Kathmandu, Nepal is concerned, the equivalence has to be prescribed by Association of Indian Universities. Here, I may also refer to the earlier letter of Association of Indian Universities wherein it has categorically been accepted that B. Ed. degree obtained from Tribhuwan University is worth of acceptance equivalent to a correspondent degree of an Indian University.

(2.) Thus, having considered the matter, to me it appears the situation is clear. Where the B. Ed. degree is obtained from Tribhuwan University as a Post Graduate Course, it is accepted as equivalent to Indian B. Ed. degree from any University. The Circular issued by the State Government, to the contrary, is based on misapprehension of fact and is not correct to that extent. In case State Government still has some confusion in its mind, it can always consult the Association of Indian Universities which is the Apex Body in this regard.

(3.) Before parting, I may notice one more aspect that in the advertisements that are issued by the State of Bihar, it is mentioned that the B. Ed. Course must have sanction of NCTE. So far that is concerned, it is a valid requirement so far as Universities or Institutions in India are concerned but NCTE does not control foreign Universities. That will not apply to foreign University like Tribhuwan University.