- (1.) PRAYER in this writ application is for issuance of a writ of mandamus commanding upon the Respondent No. 5 namely the Regional Director, IGNOU to give workshop training to the students who have already appeared in the theory (POT) examinations for the Diploma to enable them to complete the Diploma in Primary Education and to publish the results of the D.P.E. within a time frame which may be stipulated by this Court. A further prayer has been made to issue a direction to the Respondent No. 4 to extend the last date mentioned in the Admit Cards allotted to the candidates for their appearing at the examinations which are scheduled to be held for the appointment to the post of Assistant Teachers in the various schools in the State. The petitioners have also prayed for issuing a direction to the Respondents to give conditional appointment to them, till the results are published by the IGNOU.
(2.) THE respondent J.P.S.C. had published an advertisement No. 5/2007 in the local newspapers on 20.04.2007 inviting applications from the eligible candidates for appointment to the post of teachers in the primary schools fixing the last date for submission of application by 21.05.2007. By a subsequent advertisement, the last date for submission of application was extended till 21.07.2007 and similar extension from time to time was made till 27.10.2007 but with the stipulation that the candidates must submit the certificate of passing the D.P.E. and such other examinations, within a period of three months from the date of examination held by the J.P.S.C. The examinations were finally held by the J.P.S.C. on 10th August, 2008 and the period of three months from the date of examinations for submission of the certificates of passing the D.P.E. was to lapse on 9th of November, 2008. Subsequently the J.P.S.C. had, by another advertisement, allowed such candidates to apply who have appeared in the D.P.E. examinations although results thereof have not been published. The date for submission of the applications by such candidates was fixed as 12.11.2007. The grievance of the petitioners is that in view of the fact that in the State of Jharkhand there are very few numbers of teachers training institutes/colleges, the petitioners had opted to complete D.P.E. course under the IGNOU. The petitioners had completed theory papers but except the petitioner No. 3 who could very recently complete the workshop training and practice of teaching, the petitioner Nos. 1 and 2 could not complete such training on account of the fact that the IGNOU has not yet conducted the workshop training and practice of teaching by way of practical examinations. In absence of the workshop training and practice of teaching, the final D.P.E. results cannot be published. The petitioners contend that though they had joined the session which was scheduled to conclude by November, 2007, but it was on account of the delay on the part of the IGNOU that the session could not conclude and the practical examinations, both workshop training and practice of teaching, have not been conducted. The further contention of the petitioner is that though in pursuance to the advertisement published by the J.P.S.C., they had submitted their respective applications but in view of the insistence of the J.P.S.C. that within three months from the date of examinations, candidates have to submit their respective D.P.E. certificates, the petitioners, in absence of such certificates, are being rendered ineligible for their selection for appointment to the post of teachers.
(3.) A counter affidavit has been filed on behalf of the Respondent No.5. Explaining the details of the course programme for Diploma in Primary Education (D.P.E.), it has been submitted that the course was launched by the IGNOU since January, 2005 jointly with N.C.T.E. and IGNOU to impart training to untrained teachers in service, sponsored by the State Government. The course consists of several components referred to as Module -I, Module -II and Module -III followed by a ten days workshop, practice of teaching of 36 lessons, assignments under Module -III and S.B.A. for Module -II and Module -III. The duration of the entire course is divided into above mentioned three Modules, the first two Modules extending for six months each and the 3rd, for one year. However, the students have been allowed to complete all the components of the programme within six years. Referring to the petitioners individually, it is explained that the petitioner No. 1 was registered for the D.P.E. Programme in July, 2005 and had completed the theory portion of the course and had appeared at the end term examination in the month of June, 2007. He completed his workshop training during August, 2008 and the practice of teaching session is in progress. He has not completed the practical component of the course that is assignments for ES -221 and ES -222 and has also not obtained pass marks in practical -2 examination (S.B.A.). Petitioner No. 2 was registered in June, 2006 and had appeared for Module -III in December 2007. The workshop training for the petitioner No. 2 has been completed and thereafter he has to undergo the session for the teaching practice. He too has not completed the assignments in ES -221 and ES -222 and the practical -2 (S.B.A. -II). Further he has not acquired the passing grade in practical -1 (S.B.A.). Petitioner No. 3 was registered in the D.P.E. course in June, 2005 and has completed all the components of the course and the provisional certificate issued by the university has been dispatched to him. Explaining the delay caused in conducting the workshop training and practice teaching session, it is submitted that for the year 2005 -06, as many as 29687 students were enrolled for the D.P.E. Programme conducted by the IGNOU. Due to lack of sufficient number of resource persons, the IGNOU had to undertake efforts to procure the resource persons on its own with the help of the teachers of the existing B.Ed colleges and the IGNOU has also deputed a team of qualified resource persons at Garhwa, Palamau, Latehar, Simdega, Gumla and Lohardaga districts to complete the courses at the earliest. ;