AIR 2005 SUPREME COURT 3485 ::2005 AIR SCW 4500 ::2005 LAB. I. C. 4248 ::(2005) 107 FacLR 634 ::2005 (7) SCC 567 ::2005 SCC (L&S) 986 ::(2005) 7 Scale 263 ::1 (1) ServLJ 39 SC ::(2006) 1 ServLJ 39 ::(2006) 1 Cal LJ 27 ::2005 (4) ESC 513 ::2005 (4) LabLN 370 ::(2005) 4 SCT 332 ::2005 (5) ServLR 795 ::(2005) 7 SCJ 242 ::2005 (7) SLT 186 ::2005 (6) Supreme 236 ::2005 (9) SRJ 76 ::(2005) 8 JT 271 (SC)

Supreme Court Of India

(From : Calcutta)

Hon'ble Judge(s): Arijit Pasayat, H. K. Sema , JJ

(A) West Bengal Primary Education Act (43 of 1973) , S.106— Recruitment and Leave of Teachers in Primary Schools in West Bengal Rules (1991) , R.35— Appointment - Post of Primary School Teacher - 1991Recruitment Rules occupy the field - Circular of 1971 issued by Director of Public Instructions is non est. Constitution of India , Art.254, Art.154— (Para 6) (B) West Bengal Primary Education Act (43 of 1973) , S.106— Recruitment and Leave of Teachers in Primary Schools in West Bengal Rules (1991) , R.6, R.9, R.2(n)— Appointment - Eligibility qualification - Candidate possessing higher qualification - Post of Primary School Teacher - Qualification laid down by Rules is Junior Basic Training/Primary Teachers Training Certificate (JBT/PTTC) - Candidate who possessed higher academic qualification like B.A./B.Ed. - Not eligible - Cannot be given extra credit or equated with holders of JBT/PTTC. The Rules 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 proper edu....