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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE, J.
T. Lemba Phom – Appellant
Versus
The State Of Nagaland And Ors - Respondent
WP(C) 62 of 2020
Decided on : 21-09-2023
Regularization - Graduate Teacher - [Nagaland Government Notification No. EDS(A)-5/2002 dated 04.01.2008, NCTE Notifications No. 238 of 04.09.2001, 23.08.2010, Ministry of Human Resource Development Notification dated 28.09.2012] - The court directed the respondent authorities to reconsider the case of the petitioner for regularization of his service by allowing the petitioner to participate in the selection process for adhoc employees as per the policy of the State and in accordance with the relevant Rules/Act.
Fact of the Case:
The petitioner sought regularization of his service as a Graduate Teacher and challenged the requirement of 45% marks in the degree course for Graduate Teacher prescribed in the advertisement dated 20.11.2023. The petitioner contended that the State Government notifications and NCTE notifications did not prescribe any percentage of marks for the appointment of teachers.
Finding of the Court:
The court directed the respondent authorities to reconsider the case of the petitioner for regularization of his service by allowing the petitioner to participate in the selection process for adhoc employees as per the policy of the State and in accordance with the relevant Rules/Act.
Issues: The main issue was the petitioner's request for regularization of his service as a Graduate Teacher and the challenge to the requirement of 45% marks in the degree course for the appointment of teachers.
Ratio Decidendi: The court held that the petitioner's case for regularization should be reconsidered, and the petitioner should be allowed to participate in the selection process for adhoc employees as per the policy of the State and in accordance with the relevant Rules/Act.
Final Decision: The court directed the respondent authorities to reconsider the case of the petitioner for regularization of his service by allowing the petitioner to participate in the selection process for adhoc employees as per the policy of the State and in accordance with the relevant Rules/Act.
JUDGMENT :
Heard Mr. Tongpok Pongener, learned counsel for the petitioner and also heard Ms. Livika, learned State counsel for the State respondents.
2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authority to consider for regularization of his service with retrospective effect from the date of initial appointment, i.e. 20.06.2011 with all consequential benefits. The petitioner also challenges the requirement of 45% marks in degree course for Graduate Teacher prescribed in the advertisement dated 20.11.2023 on the ground that no such requirements is prescribed in the State Government notifications/Rules and the National Council for Teacher Education.
3. The case projected by the petitioner is that the Directorate of School Education, Nagaland published an advertisement bearing No. ED/ADMN/1/2009-10 dated 20.11.2009 inviting application from eligible indigenous inhabitants of Nagaland for filling up of posts of Graduate Teachers and Primary Teachers in the Government Middle School and Government Primary School under the Government of Nagaland for the posts created vide-Government Notification No. EDS/SSA-CPA/009-2008(I) dated 20.10.2009 and No. EDS/SSA-CPA/009-2008(II) dated 20.10.2009. In the said advertisement, besides posts for other Schools, 2 (two) posts of Mathematics Teacher were published for the district of Longleng, one under GMS, Orangkong-‘A’ and the other at GMS, Yongam. The minimum qualification for the Graduate Teachers (non-gazetted) is B.A./B.Sc/B.Com from a recognized University securing not less than 45% of marks with B.Ed and the post specification for Mathematics is B.Sc with Mathematics, Physics and Chemistry.
4. According to the petitioner since there were no sufficient candidate having B.Sc qualification in the district, candidates having B.Com degree with Mathematics background were allowed to apply for the post of Graduate Teacher (Mathematics). The petitioner being B.Com (Hons) applied for the said post of Graduate Teacher (Mathematics) and was allowed to participate in the common written test. After the written test the result was declared showing 2 (two) candidates including the petitioner to be qualified for oral interview for the post of Graduate Teacher (Mathematics) vide Notification No. ED/ADMN/1/2009-10 dated 29.01.2010, wherein the petitioner’s name appeared at Sl.No. 4. The petitioner appeared for the oral interview on 04.02.2010. Final result was published on 07.04.2010 whereby it was shown against the post of Graduate Teacher (Mathematics) under GMS, Orangkong-‘A’ as no candidate and for the other post of Mathematics Teacher under GMS, Yongam, one Metchei, who is a B.Com Degree holder was selected and appointment order was issued him vide No. ED/EL/L/1/09-10 (Pt.III) dated 03.05.2010.
5. Since the result, i.e. the notification dated 07.04.2010 was shown as having no candidate for the post of Graduate Teacher (Mathematics) at GMS, Orangkong-‘A’ for which the petitioner has appeared in the selection test, and having come into information that a vacancy of a post of Mathematics Teacher was lying vacant at Government High School Pongo, Longleng, the petitioner submitted an application for consideration of his candidature for appointment to the said vacancy. Thereafter, the Director of School Education having compiled the list of applicants who have submitted application as that of the petitioner forwarded the list for consideration of the Government. Having been approved by the Government vide letter No. EDS/SSA-CPA/009-2008/74 dated 30.05.2011, which conveys the approval of the Government for appointment of the petitioner as adhoc Graduate Teacher (Mathematics) at GMS, Orangkong-‘A’ under the Deputy Inspector of School (DIS) Longleng, on a fixed monthly salary of Rs. 8,400/-per month, the petitioner was appointed as Graduate Teacher (Mathematics) o
The main legal point established in the judgment is that the petitioner's case for regularization should be reconsidered, and the petitioner should be allowed to participate in the selection process ....
The main legal point established in the judgment is that the respondent authorities should reconsider the case of the petitioner for regularization of his service and allow the petitioner to particip....
Appointment on post of Teacher – It will be improper to discriminate inter se among a homogenous group of students.
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
The court held that the service conditions of the petitioner should be governed by the rules in effect at the time of appointment, affirming that subsequent rules cannot retroactively impose new qual....
Rule 7 of R&P Rules 2010 prescribed minimum educational and other qualifications required for direct recruits.
The power of relaxation is generally contained in the Rules with a view to mitigate undue hardship or to meet a particular situation.
The main legal point established is that for the appointment of a teacher in a specific subject, a specialized degree in that subject, not a subsidiary one, is required as per the advertisement stipu....
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