- (1.) This appeal preferred by the appellants is against the judgment of the Division bench dated 14.12.2001 passed by the high COURT OF CALCUTTA in MAT No. 4285/2000 whereby the appeal filed by the respondents herein was allowed by setting aside the order of the learned single Judge.
(2.) Briefly stated, the facts are as follows: 2.1. The appellants are the holders of B. Ed. Degree. They applied for the post of primary school teacher in the District of Nadia, west Bengal. Pursuant to the advertisement for filling up the post of primary school teachers, their candidature were sponsored by the Employment Officer and their names were forwarded to Chairman, District Primary School Council for the interview. The trained candidates who possessed qualification JBT/pttc who were also sponsored by the District Employment Exchange were forwarded along with the candidature of the appellants. The appellants along with other trained teacher candidates were directed to appear for written test to be held on 18.7.1999. However, they were denied awarding marks against the training qualification as they were not holders of Junior basic Training/primary Teachers Training certificate (JBT/pttc). Aggrieved thereby, the appellants filed a writ petition which was allowed by the learned single Judge. On appeal being preferred by the respondents herein, the Division Bench set aside the order of the learned single. Judge and the writ petition was dismissed, hence, this appeal by special leave. (a) The whole controversy revolves around for determination is as to whether the appellants who have obtained B. A. /b. Ed. /ph. Ed degrees can be equated with the candidates who are the holders of Junior basic Training/primary Teacher Training certificate for the purpose of appointment to the post of primary school teacher under the rules. (b) What is the true and correct interpretation and ambit of Rule 2 (n) of the recruitment and Leave of Teachers in Primary schools in West Bengal Rules of 1991. (hereinafter referred to as the Yules').
(3.) In order to address the aforesaid two issues, it is necessary to have a quick survey of the provisions of rules relevant for the present purpose.;