S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner for a direction on the respondents to consider his case for appointment as Primary Teacher under the State of Jharkhand.
(2.) ACCORDING to the petitioner, he is eligible for appointment to the posts of Primary Teacher and though he has competed in the written test for appointment to the post of Primary Teacher, held by Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as JPSC) he has not been proved with the letter of appointment whereas the person, below him in the merit list, have been appointed. The case of the petitioner is that he, having passed B.Ed. Examination from S.N. Zaheer Alam Teaches Training College, examination of which was conducted by Lalit Narayan Mithila University, Darbhanga (1997 session), Is eligible for appointment to the posts of Primary Teacher. Provisional certificate, granted by the University has been enclosed as Annexure 7 to the writ petition. In pursuance of an advertisement, published by the JPSC in the month of August, 2002, the petitioner applied for appointment as Primary Teacher in Nationalized Primary School. He was allowed to appear at the written competitive test held on 27th May, 2003. Thereafter, results of the successful candidates were published in the month of November, 2003 and the petitioner was also declared successful. However, letter of appointment has not been issued to him, though the persons below him in the merit list, have been appointed.
(3.) WHEN the case taken up, learned counsel for the State relied on a judgment dated 4th March. 2004, rendered by learned single Judge of this Court in the case of Suresh Kumar and Ors. v. State of Jharkhand and Ors., WP (S) No. 588 of 2004 [See 2004 (2) JCR 274 (Jhr)] and analogous cases. Those cases were dismissed on the ground that the Institute from where those petitioners passed Teachers Training Examination was not recognized by the National Council For Teachers Education. The judgment, rendered in WP (S) No. 588. Suresh Kumar and Ors. v. State of Jharkhand and Ors., and analogous cases fell for consideration before a Division Bench of this Court in LPA No. 235 of 2004, Dilip Kumar Gupta and Ors. v. The State of Jharkhand and Ors. and analogous cases. In the said case, Division Bench of this Court having taken note of expression 'Recognized Training Institute', held as follows : 'Therefore, on a proper construction of expression 'Recognized Training Institute' (Manyata Prapt Prakshikshan Sansthan), as occurring in Rule 2 (kha) of Rules, 2002, I hold that the expression 'Recognized Training Institute' means a Training Institute, recognized or established either by State Government or Union of India or Statutory Bodies, such as N.C.T.E., U.G.C. etc./ Organizations, maintained and controlled either State Government of Central Government or a Training Institute, recognized or affiliated by a University or a Board for imparting Teachers Training Course. XX XX XX XXIn the facts and circumstances, having regard to the guidelines, issued by the State from time to time, and the provisions of the Ordinances. Acts and Rules, as discussed above, in my considered opinion : - (a) 'Recognized Institute' means an institution recognized or established by State Government or Union Government or by Statutory Bodies/Organizations, maintained and controlled by either State Government or Central Government or recognized University or affiliated by a recognized University for imparting education (training herein). (b) After 1st July, 1995 or a best for another period of six months i.e. after 1st January, 1996 nobody, offering a course or training in Teachers Education, can run the institute without prior recognition by the N.C.T.E., there being bar to run such institute under Sub -section (1) to Section 14 of the N.C.T.E Act, 1993. (c) Even if a Teachers Training Institute is affiliated to a University, recognized by the University Grant Commission, no Teachers Training Examination can be held by the University whether provisional. or otherwise, for the students of such Teachers Training College after 1st January, 1996, if the institute is not recognized by the N.C.T.E., in view of Clause (b) to Section 16 of the N.C.T.E. Act, 1993; (d) A person, who has completed and obtained a Degree/Diploma/Certificate in Teacher Training Course prior to 31 st January, 1996 i.e. six months after promulgation of the N.C.T.E. Act, 1993 from a institute, recognized or established by the State Government or Union Government or by Statutory Bodies/Organizations, maintained and controlled by either State Government or Central Government or recognized University or affiliated by a recognized University for imparting Teachers Training Education, is eligible for appointment to the post of Primary Teacher, if otherwise found fit and (e) Since 4th September, 2001 i.e: the date N.C.T.E. (Determination of Qualification and Recruitment of Teachers) Regulation, 2001 came into force, no untrained person can be appointed to the post of Primary Teacher.' ;