Samapti Chatterjee, J. - (1.) The petitioners filed the present writ petition for direction upon the respondent authority particularly the respondent No. 2, Additional Secretary, Ministry of Human Resource Development, Department of School Education and Literacy to allow the petitioner to register in Diploma in Elementary Programme which is being conducted by the National Institute of Open Schooling on the basis of Memo No. 17-2/2017-EE.17 dated 3rd August, 2017. Mr. Bhattacharya learned advocate appearing for the petitioners submit that since last 5-6 years petitioners have been discharging their duties as Assistant Teacher under Sri Aurobindo Bhawan Trust, Krishnagar without having the D.El Ed training. Mr. Bhattacharyya further submits that the petitioners were never informed by the School authority to take admission for completion of D.El Ed programme since the petitioners are untrained candidate. Only on 7th November, 2017 the School authority came to know regarding the notice dated 3rd August, 2017 being memo No. 17-2/2017-EE.17 from neighbouring School. Immediately thereafter on 9th November, 2017 the Secretary, Sri Aurobindo Trust, Krishnanagar wrote a letter to the Secretary, NIOS, Calcutta Regional Office Educational Institution to the effect that only on 7th November, 2017 the School authority came to know regarding closing of online registration of untrained teacher for online D.El Ed training course. In that letter all the untrained candidate, put their signature. Unfortunately that prayer of the school authority was turned down. Hence, the present writ petition.
(2.) Mr. Bhattacharyya, appearing for the petitioners submit that in one hand Central Government is taking the stand of free education and in other hand Central Government is not allowing the petitioner to register their name for undergoing online D.El Ed training course.
(3.) Mr. Bhattacharyya further contends that if the petitioners fail to obtain D.El Ed training certificate then as per clause 3 of the said memo dated 3rd August, 2017 the petitioners service would be terminated by 1st April, 2019. In support of his contention Mr. Bhattacharyya draws my attention to clause 3 sub clause 5 of the memo dated 3rd August, 2017. Relevant portion of the Clause 3 sub Clause 5 of the said memo dated 3rd August, 2017 is quoted below:- "2. Further, it is reiterated that this will be the last chance to acquire the requisite minimum professional qualifications. Any teacher in the aforementioned schools, who does not have the minimum qualifications mandated under the RTE Act, 2009, would not be allowed to continue in service beyond 1st April, 2019, and procedure for dismissal shall be initiated against such teachers. 3. A broad strategy to complete the training of all such in-service untrained teachers by 31st March, 2019 is proposed by MHRD. The following action is required to be initiated urgently at your end. v. State Government will reach out to the School Principals/concerned school authorities of all Government/Government Aided/Private Schools and inform them about this extension of deadlines and publish large scale advertisements for wider coverage.";