1. Dispute regarding eligibility of National Trade Certificate holders for appointment as general primary school teachers versus craft teachers under state education rules. (Para 2 , 3 , 4 , 5 , 6 )
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1993 Supreme(SC) 1068
SUPREME COURT OF INDIA
M.N. VENKATACHALIAH, C.J.I. AND S.C. AGRAWAL AND Dr. A.S. ANAND, JJ.
State of Rajasthan, Appellant
Versus
Shri Shyam Lal Joshi and others, Respondents.
Civil Appeal No. 7031 of 1993 (arising out of S.L.P. (C) No. 3495 of 1991) with Writ Petn. (Civil) Nos. 122 and 976 of 1992, 45, 519 and 766 of 1993, D/-16-11-1993.
WITH
Jeeta Ram and others, Petitioners
Versus
State of Rajasthan and others, Respondents.
WITH
Dewa Ram and others, Petitioners
Versus
State of Rajasthan and others, Respondents.
WITH
Jagdish Prasad Bagria and another, Petitioners
Versus
State of Rajasthan and others, Respondents.
WITH
Baxsa Ram and others, Petitioners
Versus
State of Rajasthan and others, Respondents.
WITH
Bhanwar Lal and others, Petitioners
Versus
State of Rajasthan and others, Respondents.
.
Important Points
Holders of National Trade Certificates (NTC) are eligible for appointment as Craft Teachers in their specific trade but cannot be appointed as general Primary School Teachers without the prescribed comprehensive training (BSTC), as specialized vocational training is not equivalent to general pedagogical training.
Subject
Service Law - Public Employment
Act Referred
Headnote
Constitution of India, 1950 - Article 32 - Rajasthan Education Subordinate Service Rules, 1971- Employment and Service matter - Post of Primary School Teacher - Appointment - Post of Primary School Teacher is included in Rajasthan Education Subordinate Service governed by Rajasthan Education Subordinate Service Rules, 1971 - In schedule to said Rules post of Primary School Teacher is placed in Grade-III and the qualifications prescribed for appointment - State Government recognised Certificates of Industrial Examinations of Rajasthan Government as equivalent to Art and Handicraft Examinations of Vidya Bhawan - With regard to recognition of National Trade Certificates (NTC) given by Industrial Training Institute (ITI) a separate order was passed whereby State Government gave recognition to such certificates for teaching vocational subjects, viz., Wood Work, Tailoring Leather Work and Spinning and Weaving in Secondary Schools - Director and Special secretary to Government of Rajasthan, Rural Development and Panchayati Raj Department, issued a circular dated – Held, Judgment of High Court cannot, therefore, be sustained and must be set aside and writ petition filed by petitioners in High Court is disposed with direction that the petitioners, as holders of NTC, are eligible for appointment to post of Craft Teacher in Craft for which they hold NTC and they can be appointed as general teacher only after they have secured prescribed training qualification under relevant rules - Appointment to post of Craft Teacher in craft for which they hold such certificate and they can be appointed as general teachers only after they have secured prescribed training qualification under relevant rules - Clear that in event of Petitioners in Writ Petitions filed in this Court as well as Petitioners in Writ Petition filed in High Court obtaining necessary training qualification prescribed under Rules they become entitled to be considered for appointment to post of general teachers and if they apply for such appointment restriction regarding maximum age for such appointment may be relaxed provided they obtain necessary training qualification within a period of three years from date of this judgment - Appeal is accordingly, allowed judgment and order of learned single Judge of Rajasthan High Court dated as well as order dated passed by Division Bench of said High Court are set aside
Legal Category Hierarchy
Advocates:
B.L.PANVAR, G.Prakash, GOBINDA MUKHOTY, Mahabir Singh
B.L.PANVAR, G.Prakash, GOBINDA MUKHOTY, Mahabir Singh
Table of Contents
2. Petitioners alleged promissory estoppel based on equivalence circulars; State argued NTC provides only limited vocational training insufficient for general primary teaching. (Para 9 )
3. Comprehensive training is required for general teachers, whereas vocational certificates only qualify individuals to teach specific crafts, making them ineligible for general teaching posts. (Para 10 , 11 , 12 )
4. Limited recognition of a vocational certificate for specific subjects does not constitute general qualification, and subsequent clarifications do not trigger promissory estoppel. (Para 10 )
5. Appeal allowed; NTC holders are eligible only for craft teacher posts unless they acquire the prescribed general training qualifications. (Para 13 , 14 , 15 , 16 )
6. Can a vocational certificate like the National Trade Certificate (NTC) be treated as equivalent to a general teaching qualification?
No. A distinction exists between a general teacher with comprehensive training in various subjects and a craft teacher trained in a specific craft. NTC recognition is limited to teaching vocational subjects and does not qualify the holder as a general teacher. (Para 10 )
7. Does the principle of promissory estoppel apply when a government circular is clarified to maintain the limited nature of a qualification's recognition?
No. If a circular does not grant fresh recognition but is interpreted in light of existing limited recognition, subsequent clarifications do not constitute a withdrawal of a promise, and promissory estoppel is not attracted. (Para 10 )
8. Why is specialized training considered essential for primary school teachers?
Primary teachers are crucial in developing a child's personality during formative years. They must understand child psychology and aptitudes, which requires specialized training; untrained or sub-standard teachers are detrimental to the educational system. (Para 11 , 12 )
Judgment
S. C. AGRAWAL, J.:-
Special Leave Petition (Civil) No. 3495. of 1991
Leave granted.
2. This appeal and the connected Writ Petitions filed under Art. 32 of the Constitution relate to appointment on the posts of Primary School Teacher, in the State of Rajasthan.
3. The said post of Primary School Teacher is included in the Rajasthan Education Subordinate Service governed by Rajasthan Education Subordinate Service Rules, 1971. In the schedule to the said Rules the post of Primary School Teacher is placed in Grade-III and the qualifications prescribed for the appointment to said post are :
"Secondary with Basic School Training Certificate (BSTC) or a training qualification recognised as equivalent to BSTC by State Government."
4. By order dated December 11, 1974, the State Government recognised the Certificates of Industrial Examinations of the Rajasthan Government as equivalent to the Art and Handicraft Examinations of Vidya Bhawan, Udaipur. With regard to recognition of National Trade Certificates (NTC) given by the Industrial Training Institute (ITI) a separate order was passed on November 8, 1979 whereby the State Government gave recognition to such certificates for teaching vocational subjects, viz., Wood Work, Tailoring Leather Work and Spinning and Weaving in the Secondary Schools. The Director and Special secretary to the Government of Rajasthan, Rural Development and Panchayati Raj Department, issued a circular dated August 6, 1984 wherein, after referring to the order dated December 11, 1974, it was stated:
"........The Handicraft Diploma Certificates of Vidya Bhavan Handicraft Institute, Udaipur has been recognised as equivalent to basic training (BSTC) by the Education Department since the commencement of the training by the Government for appointment and Promotion. In this way the Industrial Examination of the State Government has also been treated as equivalent to B.S.T.C.
Therefore, those who have got the aforementioned training should also be treated equivalent to B.S.T.C."
5. On January 7, 1985, the Director and Special Secretary to the Government of Rajasthan, Rural Development and Panchayat Raj Department, issued a circular wherein, after referring to the clarification made by the Director, Primary and Secondary Education that "there is difference in the syllabus of the training of B.S.T.C. and N.T.C.", it was Stated :
".........N.T.C. has been recognised only to teach the Industry subject and the Government of Rajasthan has given recognition to ITI to teach Industry subject in the Secondary Schools for conferring National Trade Certificates. Hence candidates holding National Trade Certificate are not eligible to the post of Teachers in the Panchayat Samittees ......"
6. On November 6, 1985, the Director and Special Secretary to the Government of Rajasthan, Rural Development and Panchayati Raj Department, issued the following circular :
".......All Development Officers
Sub : In connection with non-eligibility of National Trade Certificate holding candidates conferred by ITI for appointment to the Post of Teachers in Panchayat Samittees.
It has come to the notice of the State Government that the candidates who have undergone National Trade Certificate training have been appointed to the posts of Teachers in the Panchayat Samittees. In connection with the recognition of National Trade Certificate this Department has issued one Circular No. F.138(15-42)VDP/Admn-III /Education/ 81-74 dated 7-1-85 by which it has been made clear that the candidates holding National Trade Certificates are not eligible for appointment to the posts of Teachers in the Panchayat Samittees. In spite of having issued clear cut directions such Diploma Samittees temporarily. (sic)
Therefore, it is directed that the services of the temporary teachers holding National Trade Certificates be terminated with immediate effect and this Department be informed."
6-A. The respondents in the appeal who had filed the Writ Petition in the High Court (hereinafter
