Kanchan Pal vs State Of Tripura And Ors.

[1] Heard Mr. C. S. Sinha, learned counsel appearing for the petitioner as well as Mr. T. D. Majumder, learned G.A. appearing for the respondents No. 1, 2 and 3 and Mr. G. S. Bhattacharjee, learned counsel appearing for the respondents No. 5-6. None appears for the remaining respondents despite due notice from this Court.

[2] The grievance of the petitioner emanates from the notice under No. F.4(1-1)COE/TRBT/2015/938 dated 10.06.2016 (Annexure- 9 to the writ petition) whereby the Teacher's Recruitment Board, has declared the petitioner as not eligible for appearing in the Teacher's Eligibility Test as his Degree in Teacher's Education obtained from the institution which is not recognized by the National Council for Teacher Education (NCTE, in short).

[3] The petitioner has further urged by means of this writ petition filed under Article 226 of the Constitution of India that it may be declared that the degree that the petitioner has obtained be accepted by the respondent No. 3 and the petitioner shall be given Tripura Teacher's Eligibility Test Certificate( T-TET, in short), 2015.

[4] Mr. C. S. Sinha, learned counsel appearing for the petitioner has submitted that the petitioner was pursuing the course in bona fide belief that the said course is recognized by the National Council for Teacher's Education.

[5] To nourish such contention, Mr. Sinha, learned counsel has made reference to a communication dated 09.08.2005 (Annexure-13 to the writ petition) wherefrom it appears that one Disha College of Information Technology, Raipur Chattisgarh was provisionally allowed to start the academic session for B.Ed course for 100 students subject to the formal order after making necessary inspection and approval by the Registrar of the affiliating University/competent authority. It has been clearly stated that the formal order of recognition would be issued by the NCTE, Bhopal.

[6] Mr. Sinha, learned counsel appearing for the petitioner has further submitted that the petitioner has collected a letter issued by the Director of Higher Education, Raipur, Chattisgarh (Annexure-11 to the writ petition) wherefrom it further appears that change of name from Disha College of Information Technology to Disha College, Disha Tower, New Shantinagar, has been approved by the Directorate of Higher Education, Government of Chattisgarh.

[7] According to Mr. Sinha, learned counsel the petitioner was under impression, in view of those documents that the college is recognized. But Mr. T. D. Majumder, learned G.A. appearing for the respondents No. 1, 2 and 3 has submitted that the petitioner has in his application for appearing for the T-TET Paper-II session 2015 has confirmed that he has passed from Pandit Ravishankar Sukla University, Raipur, New Shantinagar, Raipura, Chattisgarh.

[8] According to Mr. Majumder, learned G.A. that no certificate in support of that contention was submitted. Even, the documents filed before this Court does not support that he had passed the degree from the said Pt. Ravishankar Sukla University, Raipur Chattisgarh. However, a communication made by the Assistant Registrar of this said University is available at (Annexuire-12 to the writ petition) wherefrom it is gathered that the change of name of the college has been approved by the said University.

[9] Mr. T. D. Majumder, learned G.A. has drawn the attention of this Court to the communication of the National Council for Teacher's Education dated 09.05.2016. In the said communication the NCTE has categorically stated as follows:

"With reference to your letter No. F3(1-10)- TRBT/NCTE/2015/908 dated 18.04.2016 regarding NCTE recognition of the teacher training institute, it is informed that as per record of this office Disha College, Raipur, Chatishgarh, mentioned at Sl. No. 04 of your letter, is not recognized by NCTE for conducting B.Ed course."

[Emphasis added]

There is no dispute that the NCTE is the only competent authority to recognize any institute for providing degree or certificate in the teacher's education.

[10] Mr. G. S. Bhattacharjee, learned counsel appearing for the respondents No. 5-6 has supported Mr. T. D. Majumder, learned G.A. that the college from where the petitioner has obtained his B.Ed degree is not recognized by the NCTE. In view of the above the petitioner cannot be declared to have eligibility for appearing in the Teacher's Eligibility Test (TET) and hence, this petition is bereft of merit and accordingly the same is dismissed.

Before parting, It is made clear that if the petitioner had any cause, he may resort to the remedial course and this decision will not create any bar in seeking such remedies except which has been adjudicated here. There shall be no order as to costs.