PERMOD KOHLI,J. - (1.) PETITIONER was appointed as Teacher under Madarsa Rahmania, Sunderchak in the district of Godda by the Managing Committee of the School. This School later came to be affiliated to Bihar Madarsa Education Board, Patna w.e.f. 30.1.1990. It is alleged that while working as a Teacher he was sent for in service Teachers Training by the District Education Officer, Godda under the direction of Director, Primary Education and Special Secretary, Bihar and was deputed in Government Primary Teachers Training College, Gumma, Godda. On completion of the training, he appeared in the Teachers Training Examination conducted by Jharkhand Secondary Examination Board, Ranchi and was declared successful in the said Examination conducted for the session 1998 -1999. Jharkhand Public Service Commission, Ranchi invited applications for the post of Primary Trained Teachers under the District Cade vide its advertisement in the Newspaper dated 29.8.2002. As many as 579 vacancies were notified for Primary Trained Teachers for the district of Godda. Petitioner claiming to be qualified and eligible applied in response to the said advertisement. Jharkhand Public Service Commission published the result of Primary Trained Teachers Recruitment Examination, 2002 in Hindustan Times Hindi edition dated 13.11.2003. Petitioner was declared successful under Roll No. 050509101311. Commission made recommendations to the Deputy Commissioner and the District Superintendent of Education, Godda. There were as many as 256 candidates in. the unreserved category and petitioner's name figured at Sl. No. 194. On receipt of the recommendations from Jharkhand Public Service Commission, District Superintendent of Education, Godda issued a notice to the successful candidates for verification of their educational and training certificates on 19.11.2003. Petitioner appeared in the office of the District Superintendent of Education, Godda with all his testimonials. After verification appointment letters were issued in respect to 95 candidates but petitioner's name did not figure in the said appointment list. It is stated that on enquiry from the office of District Superintendent of Education, Godda, petitioner came to know that he has not been appointed in view of his one year in service Teachers Training. Petitioner has accordingly approached this Court seeking a direction for appointment to the post of Primary Trained Teacher on the basis of selection made by the Jharkhand Public Service Commission. Petitioner has raised following contentions: (i) that he was deputed for in service Teachers Training of one year by the District Education Officer, Godda under the direction of Director, Primary Education & Special Secretary, Bihar, which he successfully completed and (ii) that NCTE has issued regulations, 2001 which permit appointment on the basis of one -year training in the concerned State.
(2.) IN the supplementary affidavit, petitioner has also claimed discrimination. It is mentioned that District Superintendent of Education, Pakur vide Memo No. 161 dated 3.2.2004 has issued appointment letters of 96 candidates. Out of these 96 candidates, two candidates, namely, Md. Anjarul Haque and Md. Afsarul Haque received one -year Teachers Training from Government Teachers Training College and as such the case of the petitioner is similar to these two candidates. He thus claims parity. Respondent -State while disputing the right and claim of the petitioner for appointment to the post of Teacher has stated that recruitment to the post of Primary Trained Teachers was made on the basis of Jharkhand Elementary School Appointment Rules, 2002 which, inter alia, provide following definition of 'Trained Teacher': (a) having two years training, (b) B.Ed./Dip -in -Ed./Dip -inTeach. (c) C.P.Ed./Dip -P -Ed.
(3.) IT is stated that one year Training undergone by the petitioner was only for in service Teachers and such one year Training is not valid for fresh appointment. It. is further mentioned that petitioner was deputed for one year in -service Training by Smt. Anjla Hansda, the then District Education Officer, Godda in the year 1999 in violation of the guidelines and disciplinary proceedings have been initiated against the said officer for various charges. One of the charge in the departmental proceeding is with respect to sending teachers for training programme in illegal and irregular manner. Apart from above, it is mentioned that the Government Primary Teachers Training College, Gumma, Godda wherefrom petitioner has obtained the certificate was not recognized by the NCTE. Hence, Training certificate is not valid.;