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2005 (9) TMI 656 - SUPREME COURTAdvertisement for filling up the post of Primary School Teachers - denied awarding marks against the training qualification as they were not holders of Junior Basic Training/Primary Teachers Training Certificate (JBT/PTTC) - Recruitment and Leave of Teachers in Primary Schools in West Bengal - HELD THAT:- It is clear that the circular was issued permitting the incumbents to draw higher pay scales because they were teaching for a long time in the institution without qualification of JBT/PTTC. This argument is not tenable because it is well settled principle of law that circular cannot override the rules occupying the field. This apart, Rule 35 of the rules, as referred to above, repeals all previous rules and orders and therefore after the recruitment rules came into force in 1991 the circular of 1971 relied on by the counsel is non est. The rules purposely laid an emphasis that all the candidates for teachers in primary schools who possessed JBT/PTTC should be appointed for the development of the child. The primary education is upto 4th standard. There is a middle education and then secondary and higher secondary education. For teaching in the primary school, therefore, one must know the child psychology and development of a child at tender age. As already noticed, the candidates like the appellants who are trained in B.Ed degree are not necessarily to be equipped to teach the students of primary class. They are not trained and equipped to understand the psychology of a child of tender age. It is in this context, Rule 2(n), Rule 6 and Rule 9 are to be read in conjunction. Rule 2(n) defines trained candidate. The term 'trained candidate' if read and understood in the context of appointment of teachers in the primary school, would mean a candidate who possessed JBT/PTTC. Rule 6(d) as quoted above expressly put a prohibition that no extra credit shall be given to higher academic qualification for the purpose of selection of a teacher. A conjoint reading of Rule 2(n) and Rule 6(d) would make up abundantly clear that for appointment of a teacher in primary school only the candidates who possessed the academic qualification prescribed under the rules JBT/PTTC shall be considered and the candidates like the appellants who possessed higher academic qualification like BA/B.Ed shall not be given any credit. Thus, we find no merit in this appeal. The same is accordingly dismissed with no order as to costs.
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