Primary Recruitment Case: Will 2023-25 D.El.Ed Batch Get Chance in Primary Recruitment? High Court Hearing Update

Primary Recruitment Case: A highly significant hearing regarding the Primary Teacher Recruitment process took place today at the Calcutta High Court. The case revolves around the eligibility of the 2023-25 D.El.Ed batch candidates for the 2025 Primary Recruitment drive. The hearing was conducted in the courtroom of Justice Bibhas Pattanayak (Court No. 14), where heated arguments were exchanged between the lawyers representing the petitioners and the West Bengal Board of Primary Education. Approximately 460 candidates have approached the court, alleging that they are being unjustly denied the opportunity to participate in the recruitment process.

Petitioners’ Strong Arguments

Advocates Ali Hossain Alamgir and Sabir Ahmed, representing the petitioners, presented several crucial points before the court. Their key arguments included:

• Right to Equality: Drawing a parallel with the 2020-22 D.El.Ed batch, who were granted an opportunity to participate in the recruitment process following a Supreme Court order, the lawyers argued that the 2023-25 batch is in a similar situation. Therefore, based on the principle of equality, they should also be given a chance.
• Unreasonable Delay in Results: The petitioners claimed that although they were released in June, their results have not yet been published. They accused the Board/Council of intentionally withholding the results, which is preventing them from applying for the upcoming recruitment.
• The ‘Pursuing’ Precedent: Citing the Special Education case, the lawyers argued that if ‘pursuing’ candidates could be given a chance there, general candidates should receive similar treatment.

Board’s Defense and Counter-Arguments

On the other hand, Advocates Ratul Biswas and Subir Sanyal represented the Board. They maintained a strict stance and presented several legal points:

• NCTE Guidelines: The Board argued that according to NCTE rules, the authority can take up to three years to complete the course. There is no legal obligation to publish results immediately after the course concludes.
• Ineligibility of ‘Pursuing’ Candidates: The Board firmly stated that candidates who are still ‘pursuing’ their course cannot be eligible to participate in the recruitment process. They cited various orders from the Supreme Court and other states to support this claim.
• B.Ed vs. D.El.Ed Validity: Referencing the Debesh Sharma case judgment, the Board questioned the validity of TET certificates obtained by candidates while they were pursuing a B.Ed degree. They argued that since B.Ed is no longer valid for primary teaching, the TET qualification based on it is questionable.

The B.Ed and TET Certificate Debate

An interesting debate emerged regarding the validity of TET certificates. While the Board argued against the validity of B.Ed for primary recruitment, the petitioners countered by stating that although B.Ed might be invalid, their clients have now completed the D.El.Ed course and possess valid TET certificates. Therefore, there is no logical reason to bar them.

Judge’s Observation and Next Steps

During the hearing, a controversy arose regarding the acceptance of a ‘CAN Application,’ which was opposed by the petitioners’ lawyers. After hearing arguments from all sides, Justice Bibhas Pattanayak raised a significant question. He asked if ‘pursuing’ candidates in the medical field can be given opportunities, why is it not possible in the case of teacher recruitment?

The hearing remained inconclusive today. It has been reported that the matter will be heard again tomorrow. Thousands of aspirants are now eagerly waiting for the High Court’s next directive.