The High Court · 2017
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Civil Review No. 34 of 2017 Court on its own Motion --------- Versus … Petitioner 1. Suchita Baa, d/o late Ramis Baa, r/o Village-Konmengera, PO & PS-Khijiri, District-Simdega 835235 (Jharkhand). … Petitioner in WPS No. 17 of 2013/Opposite Party 2. The State of Jharkhand. 3. Secretary, Human Resources Development Department, Government of Jharkhand, Project Building, PO & PS-Dhurwa, District-Ranchi. 4. Director, Primary Education, Government of Jharkhand, Project Building, PO & PS-Dhurwa, District-Ranchi. 5. District Superintendent of Education, Simdega, PO & PS- Simdega, District-Simdega. 6. Regional Education Officer, Kolibera, PO & PS-Kolibera, District- Simdega. … Respondent Nos.01 to 05 in W.P.(S) No. 17 of 2013/Opposite Parties. with Civil Review No. 35 of 2017 Court on its own Motion … Petitioner Versus
Legal Reasoning
1. Cicilia Hemrom, w/o Sri Amus Kandulna, r/o Village-Buruirgi, Bartoli, PO & PS-Jitutali, District-Simdega (Jharkhand) ... Petitioner in W.P.S No. 05 of 2013/Opposite Party 2. The State of Jharkhand. 3. Secretary, Human Resources Development Department, Government of Jharkhand, Project Building, PO & PS-Dhurwa, District-Ranchi. 4. Director, Primary Education, Govenrment of Jharkhand, Project Building, PO & PS-Dhurwa, District-Ranchi. 5. District Superintendent of Education, Simdega, PO & PS- Simdega, District-Simdega. 6. Regional Education Officer, Kolibera, PO & PS-Kolibera, District- Simdega. Respondent No.01 to 05 in W.P.(S) No. 05 of 2013/Opposite Parties. with Civil Review No. 37 of 2017 Court on its own Motion … Petitioner Versus 1. Subodh Bilung, s/o Sri Benedict Bilung, r/o Village-Pandri Pani, District-Simdega 835235 PO-Tapudega, (Jharkhand) PS-Pandri Pani, ... Petitioner in W.P.S No. 01 of 2013/Opposite Party 2. The State of Jharkhand 2 Civil Review No. 34 of 2017 & analogous cases 3. Secretary, Human Resources Development Department, Government of Jharkhand, Project Building, PO & PS-Dhurwa, District-Ranchi. 4. Director, Primary Education, Government of Jharkhand, Project Building, PO & PS-Dhurwa, District-Ranchi. 5. District Superintendent of Education, Simdega, PO & PS- Simdega, District-Simdega. 6. Regional Education Officer, Kolibera, PO & PS-Kolibera, District- Simdega. ... Respondent No.01 to 05 in W.P.(S) No. 01 of 2013/Opposite Parties. with Civil Review No. 38 of 2017 Court on its own Motion … Petitioner Versus 1.Fr. Ajeet Xalxo, s/o Sri Patras Xalxo, r/o Village-Behrinbasa, PO- Behrinbasa, PS-Bolba, District-Simdega ... Petitioner in W.P.S No. 18 of 2013/Opposite Party 2. The State of Jharkhand 3. Secretary, Human Resources Development Department, Government of Jharkhand, Project Building, PO & PS-Dhurwa, District-Ranchi. 4. Director, Primary Education, Government of Jharkhand, Project Building, PO & PS-Dhurwa, District-Ranchi. 5. District Superintendent of Education, Simdega, PO & PS- Simdega, District-Simdega. 6. Regional Education Officer, Kolibera, PO & PS-Kolibera, District- Simdega. ... Respondent No.01 to 05 in W.P.(S) No. 18 of 2013/Opposite Parties. CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner For the Opposite Party(s) : Mr. Amit Kumar Das, Advocate : None Mr. Shivam Uttkarsh Sahay, Advocate Ms. Ahana Bharadwaj, Advocate --------- Order No. 4/Dated: 11 th April 2023 These review petitions have been registered pursuant to a direction issued by this Court on 24th April 2017, while hearing W.P.(S) No. 5807 of 2016. 2. At the outset, Mr. Amit Kumar Das, the learned counsel for the opposite parties in the present proceedings has apprised the Court that by an order dated 3rd November 2017 W.P.(S) No. 5807 of 2016 has been allowed. 3 Civil Review No. 34 of 2017 & analogous cases 3. In the order dated 24th April 2017, this Court has made an observation that the exemption under Clause 3 of the Notification dated 23rd August 2010 issued by the National Council for Teacher Education seems to be applicable in respect of training programmes of different kinds. 4. Mr. Amit Kumar Das, the learned counsel who is appearing for the opposite parties in the present proceedings refers to Clause 1 of the aforesaid Notification which prescribes minimum educational qualification for appointment of a teacher for Class I-V to submit that the expression “And” as appearing under Clause 1(i)(a) refers to additional qualification of Teacher Eligibility Test (TET). It is submitted that this is the qualification of TET in respect of which an exemption has been provided under Clause 3. 5. The learned counsel for the opposite parties has further submitted that the training programme which has a reference under Clause 3 is referable to B.Ed or equivalent qualification such as Diploma in Elementary Education, Bachelor in Education in Special Education. 6. Clause 1 of the Notification dated 23rd August 2010 reads as under: “1 Minimum Qualification.- (i) Classes I-V (a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known) OR Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002 OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El. Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education) AND (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. (ii) Classes VI-VIII B.A./B.Sc and 2-year Diploma in Elementary Education (by (a) whatever name known) OR 4 Civil Review No. 34 of 2017 & analogous cases B.A./B.Sc with at least 50% marks and 1-year Bachelor in Education (B.Ed) OR B.A./B.Sc. with at least 45% marks and 1-year Bachelor in Education (B.Ed), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B. El.Ed). OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed or B.A.Ed/B.Sc.Ed. OR B.A/B.Sc. with at least 50% marks and 1-year B.Ed. (Special Education) AND (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.” 7. Clause 3 of the Notification dated 23rd August 2010 reads as under: “3 Training to be undergone. A person- (a) with BA/B.Sc. with at least 50% marks and B.Ed qualification shall also be eligible for appointment for class I to V upto 1 st January, 2012, provided he undergoes, after appointment, an NCTE recognized 6-month special programee in Elementary Education. (b) with D.Ed (Special Education) or B.Ed (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6-months special programme in Elementary Education.” 8. Admittedly the opposite party(s) who were petitioners in W.P.(S) No. 1 of 2013, W.P.(S) No. 5 of 2013, W.P.(S) No. 17 of 2013 and W.P.(S) No. 18 of 2013 were appointed between July to December 2011. 9. Therefore, the Notification dated 23rd August 2010 shall be applicable in case of the opposite party(s) because the exemption Clause has been made applicable to the appointments made on or before 1st January 2012. 10. Mr. Amit Kumar Das, the learned counsel for the opposite party(s) made a statement that Bridgit Tete who was the petitioner in W.P.(S) No. 4 of 2013 has resigned from the post of teacher. 11. Having been satisfied with the aforesaid explanation offered by the opposite party(s), notice dated 24th April 2017 is discharged. 12. The respondent-State shall comply with the order passed in the aforesaid writ petitions as indicated in the common 5 Civil Review No. 34 of 2017 & analogous cases order dated 6th January 2014. 13.
Decision
The civil review petitions stand disposed of. Amit/ (Shree Chandrashekhar, J.)