Bhagabatt Prosad Banerjee, J. - (1.) In this case a question arose whether B Ed. Degree can be said to be a son-trained as because the same is not a Junior Basic Training/Primary Teachers Training Certificate.
(2.) Petitioner in this case was holding a permanent post of Assistant Teacher in a primary school and officiating as the Head Teacher and that he is stated to be disqualified for being considered in the post of Head Teacher. It is the case of the petitioner that he is entitled to get the benefit of 'A' category who has obtained B Ed, Degree. The Chairman, South 24-Parganas Primary School Council issued a notice, dated December 19, 1996 for cancelling the benefit of 'A' category who have obtained B Ed. Degree is She ground that the B, Ed Degree cannot come within the scope and purview of the deficit ion of the word trained candidate'. 'Trained candidate' has been defined in Section 2(n) of the West Bengal Primary Education Act, 1973 which means 'a candidate who has obtained Junior Basic Tracing/Primary Teachers' Training Certificate or equivalent issued by the authority of the Director or any other Officer empowered in this behalf by the Government'. Section 18 of the Act provides that the Council shall appoint head teachers from a panel of senior most primary teachers possessing requisite qualifications as laid down under the rules and who obtained a Junior Basic Training Certificate and shall appoint a head teacher in every primary school within the jurisdiction of the Council.
(3.) It is a cardinal principle of rules of interpretation that Judges' duty is to interpret and apply the law, but not to change it to meet the Judges idea of what Justice requires. In this connection, reference may be made to the observations made by Lord Justice Deaning in Magoy G. R. St. Mellong R D. C. v. New Pori Corporation reported in (1950)2 All ER 1226 as hereunder:- "We do sot sit here to pul) the language of Parliament and of Ministers to pieces and make nonsense of it. That is an easy thing to do, and it is & thing to which Lawyers are too often prone. We sit here to find out the in tea Sion of Parliament and of Ministers and carry it out, and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis.";