Jaimala Kumari v. The State of Bihar

Neelam Kumari, W/O Sri Tripurai Singh, R/O village Nayagaon Pachkhutti, P.S. Parbatta, district Khagaria .. Petitioner Versus

1. The State of Bihar through it’s Secretary, Government of Bihar, Patna 2. The Commissioner-cum-Secretary, Human Resources Department, Government of Bihar, Patna

3. The Director, Education Department, Government of Bihar, Patna 4. The Principal Secretary, Human Resources Development, Government of Bihar, Patna

5. The District Magistrate, Jamui 6. The District Superintendent of Education, Jamui 7. The Block Education Extension Officer, Jamui 8. The Block Education Extension Officer, Banka .. Respondents **** /2/ 21.07.2009 Heard the counsel for the petitioners and the State.

2. Petitioners have applied for their appointment on the post of Block Teacher/Panchayat Teacher in the second phase of selection process. All these petitioners possess certificate of B.T.C. (Baby Teachers’ Certificate) training examination which have been 4 issued by Gandhi Hindi Vidyapeeth, Prayag, Allahabad, Uttar Pradesh, and Hindi University, Allahabad. Petitioners’ grievance is that they are not being considered for selection/appointment considering their certificate of B.T.C. as the same is not being considered valid and genuine for the purposes of selection. This issue has been settled by the High Court in C.W.J.C. No. 4802 of 2009 (Anmol Kumar Vrs. The State of Bihar & Ors.) taking note of Rule 8 of Bihar Panchayat Primary Teachers' (Appointment and Service Conditions) Rules, 2006, as well as Rule 8(3) of 2008 Rules. Rule 8 of 2006 Rules and amended Rule 2008 speaks about the eligibility for appointment of Block and Panchayat Teachers. Rule 8 of 2006 provides following minimum qualification for the post of Block Teacher is as follows : “Rule 8 : The exception to Rule 8 has been further amended and it has been added that the candidates who has obtained their teacher training from an institution recognized by Government prior to enforcement of N.C.T.E., would be eligible for selection and appointment in the second phase of selection and appointme3nt of Panchayat Teacher and Block Teacher.”

3. In terms of Rule 8 teachers training examination/B.Ed. certificate of two years’ physical training certificate prior to enforcement of National Council for Teachers' Education Act, 1995, were also eligible for first phase of selection 5 and now under the amended Rule 2008 they are eligible for selection/appointment for the second phase of selection. All the petitioners have completed their teachers’ training from Gandhi Hindi Vidyapeeth, Prayag, Allahabad, Uttar Pradesh, and Hindi University, Allahabad, prior to 1995, that is the year when the National Council for Teachers' Education Act, 1995, came into force. At the relevant time when they have completed their teachers’ training course, institution as well as the degree issued from this institution was considered as valid. In this regard, Letter No. 108, dated 02.11.2007, had been issued by the Regional Deputy Director, Kosi Division, Saharsa, directing the Block Education Extension Officer, Madhepura, to consider the application of candidates for selection on the post of Panchayat Teacher/Block Teacher, who have obtained their training certificates from Gandhi Hindi Vidyapeeth, Prayag, Allahabad, Uttar Pradesh, and Hindi University, Allahabad. Similar direction has been issued by the Regional Deputy Director, Kosi Division, to all District Superintendents of Education, Block Education Officers and Block Education Extension Officers vide Letter No. 114, dated

22.01.2009, to consider the application of the applicants, who have passed B.T.C. examination from Gandhi Hindi Vidyapeeth, Prayag, Allahabad, Uttar Pradesh, and Hindi University, Allahabad, prior to 6 enforcement of National Council for Teachers' Education Act, 1995.

4. Considering that Rule for teachers’ appointment provides for recognizing such degree and the Government authorities have also issued direction, there is no reason for not allowing the petitioners to participate in the selection process considering their merit, selection and appointment to the post of Panchayat Teachers/Block Teachers.

5. All these applications are allowed. Respondents are directed to consider petitioners’ case for the selection/appointment in the light of Rule 8 of Bihar Panchayat Primary Teachers' (Appointment and Service Conditions) Rules, 2006, and different Government orders as well as the order passed by this Court in C.W.J.C. No. 4802 of 2009 and analogous cases. Cp:2/S.A. (Mridula Mishra, J.)