Upper primary para-teachers cannot take part in the selection process for primary para-teachers in state-run schools, a division bench of Calcutta High Court said on Wednesday.
In doing so, the bench set aside an earlier order passed by a single judge bench of Justice Abhijit Gangopadhyay, which had allowed upper-primary level para-teachers to apply for the job of para-teacher in primary schools.
The division bench of Justice Soumen Sen and Uday Kumar cited the differences in the primary and upper-primary systems.
“The eligibility criteria... are different. The tests are conducted by different authorities... The qualification of the para-teachers for the upper primary level may not be a suitable qualification for primary level of classes,” the division bench said in its order.
“In the instant case, we have two distinct rules prescribing different qualifications made under different statutes for a different purpose. As noticed earlier the qualification and selection process is by different authorities...In the impugned order, we do not find any reflection of this distinction.... Under such circumstances, the impugned order is set aside,” the bench said.
A section of para-teachers had approached Justice Gangopadhyay’s bench last year seeking permission to participate in the selection process of primary para-teachers. Justice Gangopadhyay allowed their plea in an order dated November 21, 2022.
However, his verdict was challenged by a section of aspirants for the job of para-teachers in primary schools.
