JTET / JHARKHAND TEACHER ELIGIBILITY TEST : High Court - TET Qualification Required for Para Teacher
PARA TEACHER IS EQUIVALENT TO SHIKSHA MITRA, SHIKSHA SAHAYAK, SHIKSHA BANDHU, VIDHYARTHEE MITRA ETC.
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 16th 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 certificates. 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 t
he 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 on ly 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 thename 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 Committe
e 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 (07.05.20
12) 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.)
Birendra/Brajesh
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