IMPORTANT POINT
The court ruled that differing qualifications for promotion and direct recruitment to the same post violate constitutional provisions and NCTE regulations, affirming B.Ed as essential for lecturer roles.

ORDER :

1. The petitioners have filed the instant writ petition challenging the constitutional validity of the column No. 3 of Serial No. 14 of the schedule IV enacted under the Rules 14 and 15 of the Chhattisgarh School Education Services Educational and Administrative Cadre Rules 2019 (in short the rules of 2019) whereby the minimum requirement/eligibility for promotion to the post of lecturer, from the post of Teacher/Head Master, Primary School (trend post graduate) is prescribed the requirement of five years of minimum experience in feeder cadre whereas the essential/ minimum qualification for the post of lecturer in direct recruitment is post graduate/equivalent with second class from a recognized university/institution in any of the following subjects and B.Ed (as per column 2 of serial No 5 of schedule ?) enacted under rule 8 of rules 2019 and as per [Annexure-i (iii)].

2. The brief facts of the case are that the petitioners, who are presently working on the post of teacher (LB) and have posted at different schools as shown with the cause title under the department of school education. The petitioners where initially appointed under the department of panchayat as per prevailing recruitment rules at that time. They did their duty with utmost sincerity and their service records are satisfactory. On 30.06.2018 the State Government had taken a policy decision regarding absorption of the teachers who are working under the department of panchayat will be absorbed in the department of school education on their completion of eight years of services. On the basis of the said policy decision, the teachers who were working under the department of panchayat, their services have been absorbed in the department of school education with effect from 01.07.2018 and 01.07.2019 respectively. Subsequently the minimum period of eight years of service for absorption has been reduced for a period of 2 years. The services of the petitioners were absorbed in the department of school education and from the date of their absorption they became the employees of school education department and the respondents are treating them fresher from the date of their absorption and their seniority is also counted from the date of their absorption and not from the date of their initial appointment. That petitioners are having the essential qualification for the post of lecturer and have also the B.Ed certificate and they are eligible for promotion to the post of lecturer.

3. The State Government has further introduced the new Rules which is called as the Chhattisgarh School Education Services (Educational and Administrative Cadre) Rules 2019, by exercising the powers conferred under the proviso of article 309 of the constitution of India. The said Rule of 2019 is came into force with effect from 05.03.2019. The Rule 6 of the Rules 2019 provides the method of recruitment which includes the first method of recruitment by direct recruitment and the second method is by way of promotion, third one is transfer/ deputation and the last method is by way of absorption.

4. As per the first and second method of recruitment that is direct recruitment and promotion, requires the different criteria/minimum qualification for the same post which is violative of article 14 and 16 of the Constitution of India as also violative of the guide lines fixed by the NCTE under the Regulations, 2014.

5. The rules 8 to13 of the rules 2019 relates to the direct recruitment and Rules 14 to 19 deals with the promotion. The essential/minimum qualification for the post of Lecturer by way of direct recruitment is provided under Annexure-1 and according to which the essential qualification is post graduate/equivalent with second class from a recognized university/ institution, in any of the following subjects and B.Ed/second class degree.

6. The minimum qualification fix for direct recruitment to the post of Lecturer is post graduate/equivalent with second class come a recognizance university/insti