DILIP KUMAR GHOSH AND ORS. versus CHAIRMAN AND ORS.

Citation: [2005] SUPP. 3 S.C.R. 158 · Decided: 12-09-2005 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed

Judgment (excerpt)

A 
B 
DILIP KUMAR GHOSH AND ORS. 
v. 
CHAIRMAN AND ORS. 
SEPTEMBER 12, 2005 
[ARIJIT PASAYAT AND H.K. SEMA, JJ.] 
Service Law-Recruitment and Leave of Teachers in Primary Schools in 
West Bengal Rules of 1991-Rules 2(n), 6, 9, 35-Recruitment of Primary 
C School Teachers in West Bengal-Candidates holding BAIB.Ed-Whether can 
be equated with the candidates holding certificate of training for Primary 
School-Held, they cannot be equated-Candidates holding degrees need not 
be equipped to teach students of primary class-Further held, no credit can 
be given to the higher academic qualification. 
D 
Interpretation-Circular issued by Director of Public Instructions-Held, 
cannot override the recruitment rules operating in the field, hence they are 
non-est. 
Appellants are B.Ed. Degree holders, applied for the post of Primary 
School Teacher. Their candidature were sponsored by the employment 
E Officer and their names were forwarded to Chairman, District Primary 
School Council for the interview. Trained candidates who possessed 
qualification of JBT/PTTC were also sponsored by the District 
Employment Exchange along with the candidature of the appellants. The 
Appellants though appeared for interview were denied marks against the 
F training qualification as they were not holders of Junior Basic Training/ 
Primary Teachers Training Certificate (JBT/PTTC). Writ petition filed 
by appellants was allowed by the Single Judge. On appeal by respondents, 
the Division Bench set aside the order of the Single Judge. Before this 
Court Appellants contended that Circular issued on 27th July, 1971 by 
the Director of Public Instructions in which the teachers in the primary 
G schools were considered as 'A' category teachers and therefore holders 
of B.Ed. Degree should be preferred, as against the Rule 2(n) of 
Recruitm.ent and Leave of Teachers Primary Schools in West Bengal Rules 
of 1991. 
H 
158 
DILIP KUMAR GHOSH v. CHAIRMAN 
159 
Dismissing the.Appeal, the Court 
A 
HELD: 1. The rules of 1991 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 B 
proper education to the primary school students in terms of the aims and 
objects with a trained hand. 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 C 
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, candidates like the appellants 
who are trained in B.Ed. degree course 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. [166-H; 167-A-CI D 
2. Rule 2(n) defined 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) 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 
E 
. shall be considered and the candidates like the appellants who possessed 
hi~-er academic qualification like BA/B.Ed shall not be given any credit. p 
[167-D-E[ 
Medical Council of India and Anr. v. State of Rajasthan and Anr., [1996] 
7 SCC 731 and P.M. Lata and Anr. v. State of Kera/a and Ors., [2003] 3 
SCC 541 and Yogesh Kumar and Ors. v. Government of NCT, Delhi and Ors., 
12003] 3 sec 548, referred to. 
G 
3. The circular of 1971 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. The Appellant's contention 
is not tenable because it is well settled principle of law that circular cannot 
override the rules occupying the

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