Calcutta High Court (Appellete Side)
Sayrul Molla & Ors vs The State Of West Bengal & Ors on 9 September, 2024
Author: Amrita Sinha
Bench: Amrita Sinha
09.09.2024
Ct. No. 14
Sl. No.24
KB
In The High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A. No.18895 of 2024
Sayrul Molla & Ors.
-versus-
The State of West Bengal & Ors.
Mr. Subir Sanyal
Mr. Chittopriya Ghosh
Mr. Somesh Ghosh
Mr. Sagnik Roy Chowdhury
... For the petitioners.
Mr. Bhaskar Prasad Vaisya
Mr. Pinaki Bhattacharyya
... For the DPSC, 24 Pgs.(S).
Mr. Swapan Kumar Dutta, Ld. AGP
Mr. Rajat Dutta
... For the State.
Mr. Ratul Biswas
Mr. Kaushik Chowdhury
... For WBBPE.
The petitioners are primary school teachers
possessing B.Ed. degree. They participated in the
recruitment process initiated by the North 24 Parganas
District Primary School Council in the year 2009 and
were issued letter of appointment in the year 2021.
The appointment notice published by the Council
on 23rd April, 2010 for appointment as primary school
teacher prescribed the minimum qualification of
passing Madhyamik Examination of the West Bengal
Board of Secondary Education or its equivalent.
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With the promulgation of the Right to Education
Act, 2009 the National Council of Teacher Education
(NCTE) mandated the teachers to obtain regular two
years Diploma in Elementary Education training as
compulsory qualification for teaching in the Primary
Schools.
The dispute whether B.Ed can be treated as a
valid qualification for teachers at primary level cropped
up before various courts throughout the country and
the matter ultimately travelled up to the Hon'ble
Supreme Court. The Hon'ble Supreme Court by its
parent order dated 11th August, 2023 in C.A.
No.5068/2023 in the matter of Devesh Sharma -vs-
Union of India & Ors. held that D.El.Ed is the
qualification for teaching in primary schools.
By a clarificatory order passed on 8th April, 2024
in Miscellaneous Application Diary No.4303/2024
arising out of final judgment and order dated 11-08-
2023 passed order that the candidates having B.Ed.
qualification will have to undergo a bridge course and
the educational authorities were directed to device
such course which would be applicable for each State
and Union Territory within a period of one year from
the date of the order. The course shall be designed only
for appointees engaged with B.Ed. Degree. NCTE was
directed to design such course under overall
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supervision of the Ministry of Education, Union of
India.
The petitioners, being B.Ed degree holders,
teaching in primary schools intend to undergo the six
months bridge course.
The District Primary School Council, North 24
Parganas vide notice dated 5 th April, 2024 requested all
the Sub Inspector of Schools to prepare a chart
containing the details of the untrained teachers,
however, excluding the teachers having B.Ed.
qualification.
The petitioners contend that the notice of the
Council implies that candidates possessing B.Ed
degree have been considered as trained teachers and,
as such, they have been left out of the ambit of training
meant to be imparted to teachers who do not have any
training at all.
The petitioners argue that because of the B.Ed
qualification that they possess, they are liable to be
treated as trained ones. The petitioners, however, seek
permission to undergo the six months bridge course.
The petitioners also seek 'A' category scale of pay
relying on the decision passed by the Hon'ble Division
Bench in MAT 1038 of 2024 with CAN 1 of 2024,
CAN 2 of 2024 and CAN 3 of 2024 (Waliur
Rahaman & Ors. Vs. The State of West Bengal &
Ors.) wherein the Court was considering an issue as to
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whether the candidates who did not undergo six
months bridge course would be entitled to 'A' category
scale of pay or not.
The Court considered the report which revealed
that huge number of teachers who do not possess the
six months bridge course training were already getting
'A' category scale of pay.
Under such facts and circumstances the Court
passed order that the teachers possessing B.Ed
qualification who did not undergo the six months
bridge course shall be provided 'A' category scale of pay
in the same manner as provided to teachers possessing
D.El.Ed qualification. The authority was directed to
take an independent decision in granting such scale of
pay.
Learned senior advocate representing the State
respondents relies upon a report filed by the
Commissioner of School Education signed on 29 th
August, 2024 which mentions that the teachers who
possess B.Ed. qualification will have to undergo six
months bridge course.
The Hon'ble Supreme Court in the matter of
Devesh Sharma (supra) was pleased to hold that B.Ed.
is no longer a recognized training qualification for
teaching students in the primary schools. The
candidates possessing B.Ed. qualification is required to
undergo a bridge course and the said course is
required to be designed by NCTE.
In line with the direction passed by the Hon'ble
Supreme Court it is hereby directed that as and when
such course is designed by NCTE, the District Primary
School Council shall forward the details of the
petitioners for obtaining the six months bridge course.
Following the direction by the Hon'ble Division
Bench of this Court in the matter of Waliur Rahaman
& Ors. (supra) the Council is directed to consider the
prayer of the petitioners for grant of 'A' category scale
of pay as has been allowed in respect of several other
similarly placed teachers.
A decision with regard to grant of 'A' category
scale of pay shall be taken by the District Inspector of
Schools (Primary Education), North 24 Parganas with
the approval of the competent authority at the earliest
but positively within a period of eight weeks from the
date of communication of this order.
In the event the District Inspector of Schools
(Primary Education), North 24 Parganas is of the
opinion that the petitioners would be entitled to 'A'
category scale of pay, then consequential steps shall be
taken by the said authority immediately thereafter.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
(Amrita Sinha, J.)
