Pratap Kr. Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) In the instant case, it is the grievance of the petitioners that their candidatures have been denied for selection in the post of Head Teacher only on the ground of lacking training qualification as prescribed under Rule 18 of the rules relating to the Recruitment and Leave Rules, 1991 of primary teachers in West Bengal notified by the notification dated 22.11.1991. It is the case of the petitioners that though admittedly the petitioners are not qualified with Junior Basic Training or Primary Teachers Training, but in view of the qualification acquiring B.Ed. degree and/or bachelor of training degree, which is Called B.Ed. or B.T. as the case may be, the petitioners fulfilled the training qualification on the reflection of the judgment passed by M.H.S. Ansari, J. in the case of Smt. Kanchan Dhar (Rudra) v. State of West Bengal & Ors. passed in W.P. No. 2698(W) of 2002 whereby and whereunder His Lordship held that B.Ed. qualifications also a training qualification for the candidates aspiring for the post of head teacher. This application has been opposed by the concerned Primary School Council contending, inter alia, that under the specific recruitment rule Provision has been made about a particular training qualification, hence; eligibility qualification to be looked into on that angle.
(3.) Having regard to the rival contention of the parties, the issue involved is whether the petitioners are eligible for consideration of their candidature for the post of head teacher on the basis of qualification of B.Ed./B.T. as applicable to the respective petitioners. This Writ Court held not wait for long for a decision of this case, since, it is already res Integra by the judgment of the Apex Court. In the judgment passed in the case P.M. Latha & Anr. v. State of Kerala & Ors., reported in 2003 AIR S.C. Weekly 1630 : 2003(3) SCC 541, the Apex Court considered this aspect. In that case, qualification prescribed for appointment of a primary teacher was teacher's training certificate. In short, it was termed as TTC, but the candidates intended to place the B.Ed. qualification as equivalent or higher for the post concerned of primary teacher. While adjudicating the issue, the Apex Court observed that the primary teachers training course and the bachelor of education course are completely different in respect of other syllabus and curriculum. Primary Teachers Training Course has been framed and constituted for the students reading upto class I to IV, i.e. in the primary level. Considering the mental development of the students of such primary level the training course and curriculum was framed level the training course and curriculum was framed so that the teacher qualified with such primary teachers training course could impart primary education properly considering the age factor of the students. Whereas bachelor of education degree is required for the teachers working in the secondary and/or higher secondary level. The students of Secondary and Higher Secondary level are quite matured students than the students of primary level. The B.Ed. degree course has been set up taking care of the mental maturity of the students studying in Classes V to X and/or V to XII as the case may be. The Apex Court has considered this issue on the said angle and held that primary teachers training course when is prescribed for appointment of a primary teacher, the B.Ed. degree cannot be said as a sufficient degree for the purpose of appointment as primary teacher. The identical position is there in the present rule, namely Recruitment Rules of 1991. Rule 18 of said rule reads thus : "18. Appointment of Head Teachers - The Council shall appoint head teachers from a panel of seniormost primary teachers possessing requisite qualification as laid down in sub-rules (a) and (b) of Rule 6 and who have obtained a Junior Basic Training Certificate/Primary Teacher's Training Certificate and shall appoint a head teacher in every Primary School within the jurisdiction of the Council." ;