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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AT KOHIMA BENCH
MANISH CHOUDHURY, J.
Shri. Manto Konyak, S/o Phanglem Konyak – Appellant
Versus
The State of Nagaland – Respondent
W.P.(C) 339 of 2022
Decided on : 24-11-2023
NAGALAND SCHOOL EDUCATION SERVICE RULES, 2017 - RELAXATION OF B.ED. QUALIFICATION - POWER OF THE GOVERNMENT - SCOPE AND EXTENT - GRANT OF RELAXATION - CONDITIONS PRECEDENT - UNDUE HARDSHIP - PUBLIC INTEREST - POLICY DECISION - JUDICIAL REVIEW.
Fact of the Case:
The petitioners, 3 [three] in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India stating that they have a common cause of action to espouse. Assailment is made to a part of Clause [iv] of a Notification bearing no. EDS[A]-5/2005 [Pt] dated 18.02.2010 issued by the Education Department, Government of Nagaland whereby relaxation was extended to candidates without B.Ed. Degree qualification to apply for the post of Post Graduate Teachers for a period of 10 [ten] years with retrospective effect from 27.10.2008. The petitioners have also challenged two letters, that is, Letter no. DSE/ESTT-SM/1-182/2020/113 dated 11.08.2022 & Letter no. DSE/ESTT-SM-1-182/2020/430 dated 19.10.2022, issued by the School Education Department, Nagaland. A writ in the nature of mandamus has been sought for directions to the State respondents, firstly, to consider a Communication dated 23.08.2022 of the Secretary, Nagaland Police Service Commission favorably and, secondly, to appoint the three petitioners in the posts of Post Graduate Teacher [Computer Science], Post Graduate Teacher [English] and Post Graduate Teacher [Commerce] respectively, as recommended by the Nagaland Public Service Commission for appointment vide a Communication dated 18.07.2022.
Finding of the Court:
1. The Commission was obligated to conduct the recruitment process for appointment to the posts of PGT [Computer Science], PGT [English] & PGT [Commerce] strictly in terms of the Requisitions, dated 27.08.2019 & dated 10.10.2019, send to it in the prescribed format. The Commission was, thus, under obligation to notify the essential qualification for the posts of PGT [Computer Science], PGT [English] & PGT [Commerce] strictly in terms of the NSE Service Rules, 2017, which have prescribed the essential qualifications for the posts of PGT [Computer Science], PGT [English] & PGT [Commerce]. The NSE Service Rules, 2017 have not provided for any relaxation to the candidates belonging to Konyak, Chang, Khiamniungan, Yimchunger, Sangtam, Phom, Chakhesand, Pochury and Zeliang and Sumis of Kiphire district, to submit their applications for the posts of Post Graduate Teachers [PGTs] even without B.Ed. qualification and to acquire the B.Ed. qualification in a period of 5 [five] years in the event they get selected in the recruitment process and appointed to these posts thereafter. Thus, the act of providing relaxation to the candidates belonging to Konyak, Chang, Khiamniungan, Yimchunger, Sangtam, Phom, Chakhesand, Pochury and Zeliang and Sumis of Kiphire from the B.Ed. qualification in the Advertisement no. NPSC-3/2019 was beyond the power, authority and jurisdiction of the Commission. 2. The Government in the School Education Department by its Communications, dated 11.08.2022 & dated 19.10.2022, had clearly brought to the notice of the Commission that the recommendations of the three petitioners the Commission had made as successful candidates for the posts of PGT [Computer Science], PGT [English] & PGT [Commerce], were not in conformity with the NSE Service Rules, 2017 and also the Right of Children to Free and Compulsory Education [RTE] Act, 2009. It was further pointed out that the Government in the School Education Department had provided relaxation from B.Ed. qualification only in respect of the posts of PGT [Mathematics] and PGT [Physics]. Thus, it is evident that the Government in the School Education Department had not provided any relaxation in respect of any other posts of Post Graduate Teachers [PGTs] including those of the PGT [Computer Science], PGT [English] & PGT [Commerce] in the Requisitions, dated 27.08.2019 & dated 10.10.2019, and for the selection process that had been undertaken vide the Advertisement no. NPSC-3/2019. It has, thus, clearly emerged that there was no conscious decision on the part of the Government to exercise discretion for invoking Rule 32 of the NSE Service Rules, 2017 at any point of time to grant any relaxation from not possessing the B.Ed. qualification, to apply for the other posts of Post Graduate Teachers [PGTs] including the posts of PGT [Computer Science], PGT [English] & PGT [Commerce]. In such obtaining fact situation, justification sought to be advanced by the Commission through its Communications, dated 23.08.2022 & dated 15.11.2022, is unhesitantly found unsustainable in law.
Issues: None
Ratio Decidendi: 1. The power of relaxation is generally contained in the Rules with a view to mitigate undue hardship or to meet a particular situation. Many a times strict application of service rules create a situation where a particular individual or a set of individuals may suffer undue hardship and further there may be a situation where requisite qualified persons may not be available for appointment to the service. In such a situation the Government has power to relax requirement of Rules. 2. The State Government may in exercise of its powers issue a general order relaxing any particular Rule with a view to avail the services of requisite officers. The relaxation even if granted in a general manner would enure to the benefit of individual officers. 3. Relaxation of application of any rule is permissible only in case there is undue hardship. Undue hardship means something more than only hardship. It is the situation of only undue hardship which will permit the Government to consider making any relaxation under Rule 32 of the NSE Service Rules, 2017.
Final Decision: The writ petition is dismissed.
JUDGMENT :
The petitioners, 3 [three] in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India stating that they have a common cause of action to espouse. Assailment is made to a part of Clause [iv] of a Notification bearing no. EDS[A]-5/2005 [Pt] dated 18.02.2010 issued by the Education Department, Government of Nagaland whereby relaxation was extended to candidates without B.Ed. Degree qualification to apply for the post of Post Graduate Teachers for a period of 10 [ten] years with retrospective effect from 27.10.2008. The petitioners have also challenged two letters, that is, Letter no. DSE/ESTT-SM/1-182/2020/113 dated 11.08.2022 & Letter no. DSE/ESTT-SM-1-182/2020/430 dated 19.10.2022, issued by the School Education Department, Nagaland. A writ in the nature of mandamus has been sought for directions to the State respondents, firstly, to consider a Communication dated 23.08.2022 of the Secretary, Nagaland Police Service Commission favorably and, secondly, to appoint the three petitioners in the posts of Post Graduate Teacher [Computer Science], Post Graduate Teacher [English] and Post Graduate Teacher [Commerce] respectively, as recommended by the Nagaland Public Service Commission for appointment vide a Communication dated 18.07.2022.
2. In order to appreciate the nature of assailment made and the reliefs sought for, it appears necessary, at first, to exposit the necessary background facts leading to the institution of the writ petition :-The Nagaland Public Service Commission [hereinafter referred to as ‘the NPSC’ or ‘the Commission’, as the case may be, at places, for the purpose of easy reference] published an advertisement being Advertisement no. NPSC-3/2019 on 13.11.2019 whereby applications were invited for filling up a number of vacancies under the Government of Nagaland. The vacancies included fresh vacancies as well as backlog vacancies in various departments. The posts sought to be filled up by the Advertisement no. NPSC-3/2019 inter alia included posts of [i] Assistant Professors under the Higher Education Department; [ii] Assistant Professors [College of Teachers Education] under the Higher Education Department; [iii] Lecturer under the Technical Education Department; [iv] Post Graduate Teachers [PGTs] in the Government Higher Secondary Schools under the School Education Department; [v] Post Graduate Teachers [PGTs] under the School Education Department; [vi] Research Associates under the SCERT Department. The present lis is in respect of filling up of vacancies in the posts of Post Graduate Teachers [PGTs] in the Government Higher Secondary Schools and backlog vacancies of Post Graduate Teachers [PGTs] under the School Education Department. By the said Advertisement, applications were invited for [i] 2 [two] posts of PGT [English]; [ii] 1 [one] post of PGT [History]; [iii] 1 [one] post of PGT [Political Science]; [iv] 2 [two] posts of PGT [Computer Science]; [v] 1 [one] post of PGT [Tenyidie]; [v] 1 [one] post of PGT [Commerce]; [vi] 2 [two] backlog posts of PGT [Mathematics]; and [vii] 1 [one] backlog post of PGT [Physics]. The relevant excerpts from the Advertisement no. NPSC-3/2019 relating to Post Graduate Teachers [PGTs] were as under :
A. Fresh Vacancies under various departments.
| IV. Post Graduate Teachers under Govt. Higher Secondary Schools, under School Education Department | ||||
| Item Nos | Subject | No. of Posts[s] | No. of post[s] Reserved for BT | Educational Qualifications |
| 27 | PGT [English] | 2 [Posts] | 1 [One] post reserved for Indigenous Inhabitants of Nagaland. 1 [One] post reserved for BT Sumi of Kiphire | [i] Post Graduate with atleast 50% marks [or an equivalent] relaxed by 5% for SC/ST/Differently abled candidates at the master’s degree level in the relevant subject from recognized university. [ii] |
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 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....
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