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