TMI Blog2005 (9) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... rimary 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ointment to the post of Primary School Teacher under the Rules. (b) What is the true and correct interpretation and ambit of Rule 2(n) of the Recruitment and Leave of Teachers in Primary Schools in West Bengal Rules of 1991(hereinafter referred to as the 'rules'). 3. In order to address the aforesaid two issues, it is necessary to have a quick survey of the provisions of rules relevant for the present purpose. It is significant to note that Rules were framed for Recruitment and Leave of Teachers in Primary Schools in West Bengal. Rule 2(n) defines 'Trained Candidate' means a candidate who has obtained a Junior Basic Training/Primary Teacher Training Certificate or equivalent issued under the authority of the Director or any other officer empowered in this behalf by the Government. Rule 6. Qualifications (a) No person shall be appointed by the Council as a teacher unless he satisfied the conditions: (i) that he is a citizen of India; and (ii) that he is not below 18 years of age and above 40 years of age; and (iii) that he possesses the minimum educational qualification as mentioned in sub-rule (b); (b) The required educational qualifications for the post of teacher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued by district level authority; (C) minimum 'A' certificate of National Cadet Corps; (D) a certificate of successful participation in literating the illiterates by a district level officer; (E) a diploma/certificate in Music/Arts and Craft on completion of a course of at lease one year's duration from any University/recognized Government institutions; Provided that the maximum of such marks to be credited shall not exceed five. vii) 18 (eighteen) marks shall be credited for academic qualification to an eligible candidate belonging to Scheduled Tribe category who have required qualification as mentioned in sub-rule ) of Rule 6. Awarding of marks for training, interview and co-curricular activities shall be done in accordance with clauses (iv), (v) and (vi) respectively. (c) (i) The total marks obtained by each candidate for academic qualification training and co-curricular activities shall be computed in the manner prescribed in clauses (iii), (iv) and (vi), and a list of names of all candidates of each category, namely, Scheduled Caste, Scheduled Tribe, physically handicapped and others shall be prepared in descending order of total marks obtained by them; (ii) The Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear that the aforesaid 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. We may also refer the syllabus and courses of studies of the primary teachers training institutes which reads as under: Aim and Object : Special. Knowledge: Formation of scientific idea about child and it's environment, child's demand, child's growth and child's development. View Point and mentality: To be affectional and sympathetic towards the child and to grow interest on child study. To grow mentality on the role of education. IInd Chapter :- Education cum Evaluation Teacher's training syllabus has been classified into four groups: (A) Professional knowledge. (B)Professional Expertness, practical knowledge of primary school ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 6. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a candidate being registered in State Medical Register maintained by the State board. In that case the 2nd respondent though possessed M.Sc. (Bio- Chemistry) which was the higher qualification included in the schedule but this Court held unless the 2nd respondent have qualified in medicine he is not eligible to register as a medical practitioner. 9. In the case of P.M.Lata Anr. Vs State of Kerala Ors. [(2003) 3 SCC 541] the facts of which are identical to the facts of the case in hand. In that case also the posts were advertised for recruitment to the post of lower primary/upper primary teachers in Govt. Schools. The qualifications prescribed for the post in the advertisement published in official gazette notification was 'pass in TTC' means trained teachers. Instead of selecting holders of TTC candidate, the candidates holding B.Ed. degree were selected on ground that B.Ed is higher qualification then TTC. This Court held that in terms of the advertisement B.Ed degree holders were not eligible for selection. This Court further held that fixation of qualification for a particular post is a matter of recruitment policy. This Court held at SCC page 546:- We find absolutely ..... X X X X Extracts X X X X X X X X Extracts X X X X
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