High Court dismisses petitions of elementary teachers

Greater Kashmir

Srinagar, Aug 28: The Jammu and Kashmir High Court has dismissed all petitions by Elementary Teachers Training Association seeking regularization of the admissions of the trainees who where admitted in Elementary Teachers Training (ETT) institutes on their own for the session 2011-2013.
Concluding that no rights of the petitioners have been infringed upon, a bench presided over by Justice Ali Muhammad Magray ruled that the petitioners were obviously seeking to derive premium on their illegalities and flagrant violation of the rules and procedure, which cannot be allowed by the Court.
The petitioners had a plea that the in the admissions of students in various ETT Institutes by the Board of School Education through Centralized Admission Process for the session 2011-13, the number of student selected  was considerably less than the intake capacity of the ETT Institutes.  They pleaded that they approached the BOSE authorities who advised them to admit students for undergoing ETT Course on their own with the assurance that the admissions will be subsequently regularized by the BOSE in due course of time.
They pleaded that after the admissions were given by the ETT Institutes, the Education Department on the basis of observations of the General Administration Department issued an impugned communication ( Edu/ETT/35/09 dated 21/05/2013) whereby directions were given to the BOSE not to entertain the application forms of the members of the petitioner Association and not to regularize their admissions.
Dismissing the lead petition filed by the aggrieved trainees themselves who had taken admissions in different ETT Institutes at their own risk and cost without approaching the BOSE in the manner prescribed, the court said a heavy burden is cast on them to establish that any right had accrued to them to seek regularization of their admissions, or that any of their rights had been violated.
About the contention of Sunil Sethi, counsel for the petitioners that the General Administration was not the authority to take any decision in the BOSE matters and its communication barring the students from appearing in examination was illegal, the court observed that in terms of the provisions of the Jammu and Kashmir School Education Act, 2002, the power to make rules lies with the Government.
“Both the students and the Institutes in question having acted in flagrant violation of the regulations / calendar issued by the BOSE cannot attribute the same to the BOSE. This court would not compel the BOSE to act in flagrant violation of law, rules and the regulations,” the court said.