IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16102 of 2006 PAWAN KUMAR S/O SRI RAM NARESH SINGH, AT + P.O SHAHI MINAPUR, P.S AURAI, DISTRICT MUZAFFARPUR. …………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT (SECONDARY, PRIMARY AND ADULT EDUCATION) NEW SECRETARIAT, PATNA. 3.THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 4.THE DISTRICT EDUCATION OFFICER, MOTIHARI. 5.THE DISTRICT EDUCATION OFFICER,SITAMARHI. 6.THE DISTRICT EDUCATION OFFICER,MADHUBANI. 7.THE DISTRICT EDUCATION OFFICER,VAISHALI AT HAZIPUR. 8. THE DISTRICT EDUCATION OFFICER,DARBHANGA. …………………RESPONDENTS. ----------- 03/ 20.07.2011 Heard counsel for the parties. The petitioner’s challenge to the selection criteria as contained in Annexure-6 to this writ application is based on the ground that by the impugned order dated 10.10.2006 an uncalled and illegal provision has been made for giving weightage of five marks to holders of graduate with honours for appointment on the post of Physical Trained Teacher. Learned counsel for the petitioner would submit that by giving the extra five marks to Physical Trained Teachers a class amongst the class is being created which would seriously affect the prospect of 2 other candidates. He has also submitted that the weightage of possessing the qualification of honours having been already included in the earlier criteria of Clause-6(v)(i), there would be no scope for giving them additional five marks as has been sought to be done by the impugned order. Attractive though the aforementioned submission may be but when this court has gone into the root of the matter it has found that the Government has rightly clarified the requirement for considering the case for appointment of the Physical Trained Teacher. It has to be kept in mind that there are four different cadres of teachers in Secondary School namely (1) the teachers for general subjects (2) Physical Trained Teacher (3) oriental subject teachers and (4) music/fine arts teacher. For all these categories separate qualification has been laid down in the statutory Rules namely Bihar Jila Parishad Madhyamik Ewam Uchchattar Madhyamik Shikshak (Niyojan Ewam Sewa Sharth) 3 Niyamavali 2006 wherein for the general teacher or oriental subject teachers' possessing of Bachelor of Education (B.Ed) degree is compulsory but the same is not required either in the case of Physical Trained Teacher or the music/fine arts teacher. The parameter however for evaluating the merit has been one and the same as laid down in rule-6(iv) providing inter alia : ¼iv) "ftyk ifj’kn~ ek/;fed f”k{kd ds fy, iSuy fuEu :is.k es/kk vad ds vk/kkj ij izf”kf{kr ,oa vizf”kf{kr vH;FkhZ dk vyx&vyx rS;kj fd;k tk,xk & 1- ewy ;ksX;rk ¼Lukrd½ dk vf/kHkkj vad] vFkok Lukrd izfr’Bk dk vf/kHkkj vad izkIrkad dk izfr”kr 2- mPprj ek/;fed ijh{kk vFkok bUVjfefM,V ijh{kk dk vf/kHkkj vad izkIrkad dk izfr”kr 3- Ekk/;fed ijh{kk dk vf/kHkkj vad izkIrkad dk izfr”kr 4- ch0,M0 dk vf/kHkkj vad izkIrkad dk izfr”kr mijksDr lHkh izkIrkad dk izfr”kr dks tksM+dj mlesa pkj ls Hkkx nsus ij tks izfr”kr izkIr gksxk] og ml vH;FkhZ dk es/kk vad gksxk A vizf”kf{kr vH;FkhZ ds fy, izkIrkad ds izfr”kr dks tksM+dj rFkk rhu ls Hkkx nsdj es/kk vad fudkyk tk;sxk A ijUrq Lukrd izfr’Bk ;ksX;rk/kkjh dks ik¡p vad vafrfjDr tksM+k tk;sxkA leku vad izkIr gksus ij ftudh tUe frfFk igys gksxh mUgsa iSuy esa mij j[kk tk,xk A leku vad ,oa leku 4 tUe frfFk gksus ij M~zkW vkWQ ykWV~ ds }kjk iSuy esa mij LFkku fu/kkZfjr gksxk A** From the aforementioned criteria it would thus become clear that in case of appointment of teachers of the general category or oriental teachers, they get consideration of their B.Ed. qualification whereas the Physical Trained Teacher under the criteria does not get any special weightage though he also has to be trained as per the requirement laid down in the rules. If for such specialized group of candidates for the post of Physical Trained Teacher, the Government has provided for giving weightage of five marks for those candidates who possess the degree with honours, the same cannot be held discriminatory in any way, inasmuch as, in the same rules there is already a provision that even an untrained teacher in absence of trained teacher for being appointed shall be given weightage of five marks if he would possess the degree with honours in the concerned subject. The aforesaid criteria so evolved by the State for selection on the post of 5 teacher has a rationale and in fact seeks to achieve the laudable object of selecting best amongst the candidates for the post of teacher. As a matter of fact, if the Physical Trained Teacher were not allowed weightage of five marks in case of such candidates having holding degree with honours, they could have a grievance, of being discriminated in the same set of candidates. That being so, this court does not find any error in the impugned order. The writ application being devoid of any merit is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)