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TMI Blog2005 (9) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... oyment Officer and their names were forwarded to Chairman, District Primary School Council for the interview. The trained candidates who possessed qualification JBT/PTTC who were also sponsored by the District Employment Exchange were forwarded along with the candidature of the appellants. The appellants along with other trained teacher candidates were directed to appear for written test to be held on 18.7.1999. However, they were denied awarding marks against the training qualification as they were not holders of Junior Basic Training/Primary Teachers Training Certificate (JBT/PTTC). Aggrieved thereby, the appellants filed a writ petition which was allowed by the learned Single Judge. On appeal being preferred by the respondents herein, the Division Bench set aside the order of the learned Single Judge and the writ petition was dismissed, hence, this appeal by special leave. (a) The whole controversy revolves around for determination is as to whether the appellants who have obtained B.A./B.Ed./Ph.Ed degrees can be equated with the candidates who are the holders of Junior Basic Training/Primary Teacher Training Certificate for the purpose of appointment to the post of Primary Sch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our different aspects of the candidate' eligibility in the following manner:- 1. Academic qualification 65 marks 2. Training 20 marks 3. Written Marks/Oral Interview 10 marks 4. Co-curricular activity 5 marks Total 100 marks (iii) the percentage of marks to the total full marks obtained by the candidate in School Final/Madhyamik/Higher Secondary (XI Class) shall be computed as percentage of 64 and recorded in the score sheet, and if a candidate has passed two of the above public examinations, the better result only shall be computed. (iv) the percentage of marks to the total full marks obtained in Junior Basic Training Certificate Examination or equivalent shall be computed as percentage of 20(twenty) and recorded in the score sheet; (v) marks obtained in the interviews shall be recorded in the score sheet; (vi) In awarding marks for co-curricular activities one mark shall be credited for each of the certificate mentioned below:- (A) a candidate that he/she has represented the district in State level games, sports, issued by district level sports authority; (B) a certificate that he/she has shown excellence in cultural activities representing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly handicapped and other eligible candidates. (f) Thereafter the panel thus prepared shall be placed in the meeting of the Council for passing and the total number of eligible candidates included in the panel shall be the same as the number of vacancies plus 10% of such existing vacancies." Rule 35 of the Rules deals with the repealing provision reads as under: "All rules and orders made under the Bengal (Rural) Primary Education Act, 1930 and the West Bengal Urban Primary Education Act, 1963 and the West Bengal (Rural) Primary Education (Temporary Provisions) Act, 1969 regarding appointment of teachers, contrary to the provisions of these rules are hereby repealed in the districts where the West Bengal Primary Education Act, 1973 (43 of 1973) has come into force. Provided that appointment of all teachers made with the approval of the Director prior to the framing of these rules, shall be deemed to have been approved under these rules." 4. At this stage, we may dispose of the argument of Mr. Vijay Hansaria learned senior counsel for the appellants. It is his say that the Circular issued on 27th July, 1971 by the Director of Public Instructions in which the teachers in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... changeable process. 7. Classification of Students:- (a) advanced child, (b) general child, (c) backward child, cause of backwardness and its remedies. Special arrangement for advanced child. 8. Child Philosophy :- Why child philosophy and why ? Different process of child philosophy :- (a) Observation, (b) Child/s surroundings (home, school and society) Explanations." 5. In B.Ed curriculum such subjects like child psychology is not found. On the other hand, curriculum is of generic nature deals with subjects like the principle of education curriculum studies, educational psychology, development of education in modern India, social organization and instructional methods etc. The rules, as noticed above, were framed primarily for recruitment of teachers for primary school and the rules were designed to give an incentive to the teachers who are specifically trained to teach in primary schools. The rationale behind the framing of this rule is that the JBT/PTTC certificate trained teachers should be appointed so that they can impart proper education to the primary school students in terms of the aims and object with a trained hand. The rules purposely laid an emphasis t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e policy is reflected in Rules framed by the State in exercise of its statutory power. (iii) To accept a proposition that a candidate who holds a B.Ed. Degree, that is, higher degree cannot be deprived appointment to the post of primary school teacher would negate the aims and objects of the rules for the purpose for which it is framed. (iv) These rules were framed primarily for recruitment of the teachers for primary schools and in that context the Rules were designed to give a credit to the candidates who are specifically trained to teach in primary schools. The idea behind the framing of these rules was that the Junior Basic Training and Primary Teachers Training Certificate trained teachers should be appointed so that they can impart proper education to the child of tender age who require expert and tending hand. (v) There is prohibition contained in Rule 6(d) that no extra credit shall be given for higher qualification." 8. Having said so, we are also of the view that the decision involving present controversy are no more res integra. In the case of Medical Council of India & Anr. Vs. State of Rajasthan & Anr, [(1996) 7 SCC 731] that the Division Bench of this Court con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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