TaxTMI 
TaxTMI 
2005 (9) TMI 656
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....chers, their candidature were sponsored by the Employment 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....
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....lection. (b) Credit shall be given and computed in the following manner: (i) there shall be 100 marks in total as full marks; (ii) the full marks shall be allotted to four 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....
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....e list. A panel of such number of candidates as there are vacancies plus 10% of such vacancies shall be prepared. The reservation for Scheduled Castes, Scheduled Tribes and physically handicapped persons shall have to be strictly maintained in the panel. The panel shall show separately names of Scheduled Tribe, Scheduled Caste, Physically 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 a....
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....of learning in human life. (a) Initial experience. (b) Preservation of experience, (c) Review of experience, (d) marked off memory. 4. Learning condition (a) Inspiration and attention, (b) Repeatation and repeated study. Learning method recitation and meaning in total or part. 5. Classification of learning - Knowledge learning, data collection experience gather, idea. 6. Different process of learning method :- (a) learning through copy, (b) learning through endeavour, learning through under 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 principl....
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....ild. The Primary Education is upto IV standard. Thereafter there is middle education and then the secondary and higher secondary education. But in the primary school one has to study the psychology and development of child at tender age. The person who is trained in B.Ed. Degree may not necessarily be equipped to teach a student of primary class because he is not equipped to understand psychology of a child at that early stage. (ii) This is only peculiar to the curriculum of the Junior Basic Training Course and Primary Teachers Training Certificate Course. Therefore, looking to the curriculum one can appreciate the distinction between the two courses and same 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 candidate....