SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2020 Supreme(Bom) 79

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT GOA BENCH
M.S. SONAK, M.S. JAWALKAR, JJ.
Laxman Gangaram Dodmani & Another – Appellant
Versus
State of Goa, Through Chief Secretary & Others – Respondents
Writ Petition No. 879 of 2019
Decided on : 10-02-2020

Advocates:
Advocate Appeared:
For the Petitioners:Preetam Talaulikar, Advocate.
For the Respondents:Pravin N. Faldessai, Additional Government Advocate.

Headnote:

Constitution of India,1950 - No relief as such is claimed as against Respondent - Petitioners seek appropriate writ to the Respondent - Indian Navy - Indian Navy has issued him a certificate is styled - Equation of Educational Qualification Graduation Certificate - Certificate certifies Petitioner No.1 who has obtained Indian Army Special Certificate of Education or corresponding certificate in Navy or Air Force, pensioner, who has put in more than 15 years of service in Indian Armed Forces and is eligible for appointment where essential educational qualification is Graduation for appointment to any reserved vacancy in Group C posts work experience of technical or professional nature is not essential; or though non-technical professional work experience is prescribed as essential, yet appointing authority is satisfied Ex-Serviceman is expected to perform the duties of the post by undergoing on job training for a short duration – Held, appointment orders, as aforesaid, shall appoint two Petitioners on probation for a period of two years - During this period of two years, the Petitioners will have to obtain the Teacher Eligibility Test (TET) qualification failing their appointments shall stand terminated - Respondent Nos.1 and 2 to permit the Petitioners to undertake Teacher Eligibility Test (TET) on the basis of equivalence certificates already produced on record by the Petitioners and thereby not insisting upon any fresh two year Diploma in Elementary Education/Diploma in Education, in peculiar facts and circumstances of the present case - Appointment orders will have to be effective - Petitioners in peculiar facts and circumstances of the present case will not be entitled to any back wages or other consequential benefits – Ordered Accordingly

JUDGMENT :

M.S. Sonak, J.

1. Heard Mr. P. Talaulikar, learned counsel for the Petitioners and Mr. P. Faldessai, learned Additional Government Advocate for Respondent Nos.1, 2 and 3.

2. The Respondent No.5 has already been deleted from the cause title. The Respondent Nos.4 and 6 are already served. Since, no relief as such is claimed as against the Respondent Nos.4 and 6, their presence may not be necessary for disposal of this petition.

3. We issue Rule. Rule is made returnable forthwith at the request and with the consent of the learned counsel for the parties.

4. The Petitioners seek appropriate writ to the Respondent No.2 to appoint as Government Primary School Teacher (Marathi Medium) in pursuance of selection process which commenced with issuance of advertisement dated 21.08.2018 which is to be found at Exhibit 15 (page 58) of the paper book to this petition.

5. There is no dispute that both the Petitioners are Ex-servicemen since they were with the Indian Navy for a period of more than 15 years.

6. In so far as the Petitioner No.1 is concerned, the Indian Navy has issued him a certificate dated 31.07.2018, which is styled as “Equation of Educational Qualification Graduation Certificate”. This certificate certifies that the Petitioner No.1 who has obtained the Indian Army Special Certificate of Education or the corresponding certificate in the Navy or the Air Force, pensioner, who has put in more than 15 years of service in the Indian Armed Forces and is eligible for the appointment where essential educational qualification is Graduation for appointment to any reserved vacancy in Group 'C' posts where the work experience of technical or professional nature is not essential; or though non-technical professional work experience is prescribed as essential, yet the appointing authority is satisfied that Ex-Serviceman is expected to perform the duties of the post by undergoing on the job training for a short duration. This certificate itself states that the same is issued in accordance with the Government of India, Ministry of Personnel Public Grievances and Pensions (Department of Personnel & Training) Letter No.15012/8/82/Estt.(D) dated 12 February, 1986 and the Gazette of India No.9 dated 01 March, 1986. Even the mark list in respect of Petitioner No.1 is reflected in the said certificate and indicates that the Petitioner No.1 has secured 417 marks out of 500 marks.

7. The Petitioner No.1 has further placed on record yet another Certificate dated 31.07.2018 titled as “Equivalent of Naval Trade Certificate”. This certificate certifies that the Petitioner No.1 of the Indian Navy has requisite qualification for the following Civil Trades according to the provision notified under National Classification of Occupation (NCO) Scheme by the Director General of Employment & Training, Ministry of Labour, Rehabilitation Letter DGE&T-5/1/07-VG/01 dated 26th September, 2012. One of the Civil Trades so specified in the certificate itself at listing 3312.1 is that of Primary School Teacher. The certificate states that experience of Petitioner No.1 to the listed posts is to be counted from 21st July, 2003.

8. Similarly, the Petitioner No.2 has also produced similar certificate dated 31.01.2018, being Graduation Certificate and equivalent of Naval Trade Certificate. The Naval Trade Certificate dated 31.01.2018 produced by the Petitioner No.2 lists against the number 2412.40 Civil Trade of Vocational Teacher and against the number 3312.1 the Civil Trade of Primary School Teacher. This certificate states that experience of the Petitioner No.2 to the aforesaid posts is to be counted from 7th January, 1988.

9. By advertisement dated 21st August, 2018, the Directorate of Education i.e. Respondent No.2 invited online applications from the eligible candidates for filling up of 182 vacancies in the post of Government Primary School Teachers (Marathi Medium) in the Pay Matrix Level-6 on temporary basis. Out of these, 91 vacancies were towards unreserved categ

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top