This batch of writ petitions challenges the clause 12(3)(iii) of the recruitment notification dated 06.02.2012 issued by the Commissioner and Director of School Education in his capacity as Ex-Officio Project Director, Rashtriya Madhyamik Shikhsha Abhiyan (RMSA).

2. The grievance of the petitioners is that by virtue of the impugned clause recruitment for the posts of Principal, Post Graduate Teacher (PGT) and Trained Graduate Teacher (TGT) was restricted to such of the candidates, who have studied in English medium. or the post of Principal it was stipulated that the candidates must have studied in English medium at any three levels of School/Junior College/Degree College/Post Graduation and for the posts of the PGT as well as TGT, one must have studied in English medium at any two levels of School/Junior College/Degree College/Post Graduation. All the petitioners claim that they are otherwise qualified as per the eligibility stipulated and only on account of the restriction aforesaid, they are excluded from consideration for direct recruitment notified under the impugned notification. Thus, the petitioners in this batch of cases though are having different qualifications and are seeking consideration of their respective case for different posts, admittedly, none of them are qualified with reference to the impugned requirement of having studied in English medium, as stated above. To that extent, therefore, the notification is questioned in the respective writ petitions.

Background facts:

(a) Under the 10th Five Year Plan of the Government of India, the secondary education, vocationalization of higher secondary education and open and distance learning was planned for enhancement of access to and improvement of the quality of children education. The National Policy on Education, 1986, as modified in 1992, provided ‘Access to Secondary Education will be widened with emphasis on enrolment of girls, SC’s and ST’s, particularly, in science, commerce and vocational streams…’. A committee of Central Advisory Board of Education was constituted on Universalisation of Secondary Education and on its recommendation, the Central Government established Kendriya Vidyalayas. In the 11th Five Year Plan, the Union of India desired and aimed at establishing Secondary Education School within 5 KMs and a Higher Secondary School within 7-8 KM of every habitation. Towards achieving the general object of universalization of secondary education, the Government of India felt the need to provide high quality schools for talented rural children, who may not be in a position to get access to quality schools in the urban areas. With that in view, the Government of India decided to invest in setting up good quality schools across the country and the Government introduced the Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and to begin with 6,000 new high quality schools, one in every block of the country, with set standards of excellence are proposed to be established. This concept of model schools was primarily based upon the concept of Kendriya Vidyalayas in almost all respects and majority of these schools were proposed to be set up in educationally backward blocks. The respective State Governments were to participate in setting up the schools through a society created for this purpose and the State had to provide necessary infrastructure. The funding pattern was envisaged between the Central Government and the State Government at 75% and 25% respectively with gradual increase or decrease in the said sharing pattern.

(b) Out of the sanctioned model schools, 355 model schools are to be established in the State of Andhra Pradesh and for that purpose the Government of India sanctioned an amount of Rs.412.09 crores, which includes management, monetary evaluation and research component, as grant-in-aid. The Government of the Andhra Pradesh through the School Education Department registered a Society in the name of ‘Andhra Pradesh Secondary Education Socie