Shri Mahendra Prasad Mehta vs The District Superintendent of Education and Another

Lalit Mohan Sharma and Anand Prasad Sinha, JJ.—A decision was taken to fill up 80 vacant posts of teachers in the Primary Schools in the district of Katihar and, accordingly, an advertisement was published in a news paper on the 4th March, 1983, a copy whereof is Annexure--1. The minimum qualification mentioned in the advertisement was that the applicants should be Metric or equivalent trained. The petitioner filed an application and was interviewed on the 14th March, 1980. Although the appointments of other candidates were made, the petitioner was left behind. It is stated that on enquiry he learnt that since he had passed the Basic Training Examination from a college in Kalingpong within West Bengal, he was considered ineligible. He, therefore, filed the present application for appropriate reliefs.

It is asserted by the petitioner and not denied by the State of Bihar that there are still posts vacant. Learned Standing Counsel IV who opposed the application has contended that since the length of the course of training in Kalingpong College, West Bengal, from where the petitioner has obtained the degree, was one year, the petitioner was not qualified for the post. The requirement of two years'' course of training has been emphasised. It is, however, not stated that a candidate getting trained outside Bihar is for that reason incompetent for appointment. In the counter-affidavit, it is stated:--

...The true fact is the advertisement for the appointment of the teachers in the Primary and Middle Schools of Katihar the trained teachers who have received 2 years training course in the training schools be treated as a trained teacher and those who were the trainees of one year they have to come in the category of untrained teachers...

The statement is not happily worded and the only meaning which we are able to cull out is that two years training course was made a necessary qualification in that advertisement. Mr. Bose in support of the application placed before us the advertisement and has said that the counter-affidavit is wrong in as much as there is no mention of such a requirement therein, Mr. Standing Counsel has not been able to challenge this statement. He attempted to support the view of the authorities on the basis of Article 460 of the Bihar Education Code (Chapter V) dealing with training schools and examination for teachers in the following terms:--

460.--Length of the courses.--The length of the course is of two years and session begins from July and ends in (the) June.

This provision is not dealing with the requirements prescribed for appointment of a teacher in a Primary or Middle School. This chapter is dealing with the training schools themselves. Since Mr. Mani Lal, Standing Council IV has not urged or relied upon any material to suggest that a training degree obtained by a candidate in the West Bengal is not a suitable degree for the purposes of appointment as trained teacher, the length of the course prescribed for a training degree in the Bihar Schools cannot solve the problem. On the other hand, the petitioner has asserted that candidates obtaining degrees from Colleges in Bengal have been appointed in Bihar. This fact is not denied. The counter-affidavit attempts to explain the situation by saying that these appointments were wrongly made. The petitioner has also relied on a decision taken by the District Superintendent of Education, as contained in Annexure--II, where not only the fact that the Colleges in West Bengal were running the course of one year is taken note of, but a farther direction is given that such candidates will be treated as trained teachers and will be paid accordingly. In face of these facts it is futile to suggest that the petitioner was not eligible for appointment on the grounds indicated above. The writ application is, therefore, allowed and we direct the respondents to consider, the petitioner''s candidature and appoint him if he fulfils the requirements and is otherwise entitled to the appointment. There will be no order as to cost.