UPTET SARKARI NAUKRI News - TET is Mandaory for Para Teachers/ Contract Teachers - Chief Justice Bench Jharkhand -
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 40 of 2014
Prakash Mandal
...
Appellant Vs. State of Jharkhand & Ors.
...
Respondents
----
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE AMITAV K. GUPTA
----
For the Appellant : Mr. Bhanu Kumar, Advocate For the Respondents
: J.C. to A.G.
.....
Order No.07 Dated 16 th July, 2014
This
Letters Patent Appeal is preferred against the order dated
12.11.2013 passed in W.P.(S) No.7680 of 2012, whereby the writ petition
of the appellant, seeking for direction for appointment as Para
Teacher was dismissed.
2. The case of the appellant is that
the appellant had applied for selection on the post of Para
Teacher in the Upgraded Primary School, Benagoria on 28.2.2012
along with all cer
tificates. Pursuant to the letter no.188 dated
22.2.2012 issued by the District Superintendent of
Education, Jamtara, a General Body meeting (AAM SABHA)
was held on
29.2.2012 under the Chairmanship of Shri Kalipada
Hembrom for selection of Para Teacher in Upgraded Primary School,
Benagoria. For the post of Para Teacher, total nine applicants had
applied and out of which the appellant was selected and recommended.
Initially one Kumari Mithu Rani Mandal was to be selected but due to her unwillingness for being
appointed
as Para Teacher, the appellant was selected. When the Village
Education Committee recommended the name of the
appellant for approval on 1.8.2012, the appellant’s name was
not approved by the Block Education Committee. The appellant also
made representation before the Deputy Commissioner, Jamtara requesting for his selection for
the
post of Para Teacher. When no action was taken, the
appellant filed W.P.(S) No. 7680 of 2012 for his appointment to the
post of Para Teacher.
During the pendency of the writ
petition, the Deputy Commissioner, Jamtara vide order dated
6.9.2012 rejected the representation of the appellant, on the
ground that there was over
-writing on the proceeding register of Village Education Committee and also in view of the fact that
the procedure for appointment of Para Teacher has been changed.
This fact was brought on record by way of filing one I.A. and also challenged the order dated 06.09.2012.
The
writ petition was finally dismissed on 12.11.2013 observing that the
documents relied upon by the appellant is doubtful. It was further
observed that for appointment as Para Teacher,
there is requirement for passing Teacher Eligibility Test, which obviously the appellant has not passed.
3.Being aggrieved by the dismissal of the writ petition, the appellant has filed this Letters Patent Appeal.
The
learned counsel for the appellant submitted that the learned
Single Judge failed to appreciate that the selection of the
appellant on the post of Para Teacher was made by duly
constituted
Village Education Committee in its meeting held on
29.02.2012 and the said meeting was held in a transparent manner. It is
further submitted that in the said meeting of Village
Education Committee one lady candidate Kumari Mithu Rani Mandal
and the
appellant was finally selected and only due to the
unwillingness of the lady candidate Kumari Mithu Rani Mandal, the name
of the appellant was finally recommended. The learned counsel
further submitted that the appellant possesses higher educational
qualification of M.A./M.Sc., B.Ed.
and on that basis his name
was recommended by the Village Education Committee and while so
the learned Single ought to have quashed the order dated
06.09.2012
passed by the Deputy Commissioner, Jamtara rejecting the representation of the appellant.
4
The learned counsel for the respondent -State of
Jharkhand has submitted that even though the Village Education
Committee was alleged to have recommended the name of the appellant on
29.02.2012, the same was forwarded by the Village Education Committee
only on 01.08.2012 which was received in the office of the Block
Education Committee only on 02.08.2012.
It is further submitted
that in the meanwhile the Ministry of Human Resource
Development Department of School Education and Literacy,
Government of India has issued a letter contained in D.O.No. 3- 3/2012
EE - 4 dated 07.05.2012 making it clear that
only
those persons who passed the Teacher Eligibility Test may be
appointed as teachers for Class I to VIII including
contractual/para teachers. It was submitted that pursuant to the
said
notification, the Human Resource Development Department, State
of Jharkhand has also issued letter No.JEPC/SSA/12/102/2010/1253
dated 25.06.2012 making it crystal clear that the selection of Para
Teacher shall be pursuant to provisions of R.T.E. Act, 2009 and the applicant for
Para Teacher must have passed Teacher Eligibility Test. It is further submitted that since
the
recommendation of the appellant was forwarded for approval to the Block
Education Committee, Nala only on 02 .08.2012 and the appellant having
not passed Teacher Eligibility Test
, the selection of the appellant was not approved and the learned Single Judge rightly dismissed the writ petition.
5
. Even though the Village Education Committee has recommended
the name of the appellant on 29.02.2012, the same was forwarded for
approval to Block Education Committee only on 01.08.2012. In
the meanwhile, the Ministry of Human Resource Development
Department of School Education and Literacy, Government of India
vide letter contained in D.O. No.3
-3/2012 - EE - 4 dated 07.05.2012 made it clear that recruitment of teachers including
contractual/para teachers,
who
have not qualified the TET would violate the provisions under the
Right of Children of Free and Compulsory Education (RTE) Act,
2009. It was also clarified that it is a binding and mandatory
requirement under the RTE Act that only those persons who pass
the TET may be appointed as teachers for Classes I to VIII. It was also mentioned in
the said letter that every State is statutorily required to comply with this requirement
and
violation of it may not stand the test of law. It also appears that
in furtherance of the direction of Government of India, the
Principal Secretary, Human Resources Development Department
- cum - State Project Director, Jharkhand State Education Project Council, Ranchi issued letter
No.JEPC/SSA/12/102/2010/1253 dated 25.06.2012 making it clear that selection of
Para Teacher shall be pursuant to the provisions of RTE Act, 2009 and the applicant must
have
passed Teacher Eligibility Test . Even though the appellant is
said to have higher qualification, since the appellant has not
passed the Teacher Eligibility Test, which is the
mandatory requirement, the recommendation of the Village
Education Committee was
not approved by the Block Education
Committee. In view of the mandatory requirement of passing TET as
per the notification issued by the Ministry of Human Resource
Development Department of School Education and Literacy, Government of
India (07.05.2012) and the subsequent notification issued by the
State of Jharkhand (25.06.2012), the appellant cannot seek for a
direction upon the respondents to consider him for appointment as para teacher.
6 .We do not find any reason warranting interference in the order of the learned Single Judge and this Letters Patent Appeal is dismissed.
If
the appellant has subsequently qualified in Teacher Eligibility Test,
the appellant is at liberty to participate in the subsequent
selection, if any, either as a regular teacher or Para Teacher.
(R. Banumathi, C.J.)
(Amitav K. Gupta, J.)
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