The court upheld the validity of recruitment rules allowing equal competition between Graduate and Primary Teachers for promotional posts, asserting no violation of constitutional rights with efficient recruitment aims.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. A. Zho, the learned counsel appearing on behalf of the petitioners and Ms. V. Suokhrie, the learned Additional Advocate General of the State of Nagaland who appears on behalf of the respondents.

2. By way of the present writ petition, the petitioners herein who are Graduate Teachers have challenged the vires of Rule 15 of the NAGALAND SCHOOL EDUCATION SERVICE RULES , 2017 (for short, “the Rules of 2017”) as well as Schedule-II of the said Rules. In addition to that, the petitioners have also assailed the Advertisement No. NPSC-1/LDE/2022 dated 21.07.2022 (hereinafter referred to as, “the impugned Advertisement”).

3. Taking into account that the vires of Rule 15 as well as Schedule-II to the Rules of 2017 have been assailed, we find it relevant to take note of some of the relevant features of the Rules of 2017.

4. The Rules of 2017 are made in exercise of the powers conferred under the proviso to Article 309 of the Constitution of India for regulating the recruitment and conditions of service of persons appointed to Nagaland School Education Service.

5. Rule 3 of the Rules of 2017 stipulates as regards the constitution of the Service. In terms with the said Rule, the service shall consists of those persons who at the commencement of the Rules of 2017 were holding regular appointments to the post specified in Schedule-1 to the Rules of 2017 as well as those persons recruited to the service after the commencement of the Rules of 2017.

6. In terms with Rule 5 of the Rule of 2017, the Methods of recruitment have been stipulated. A perusal of the said Rule reveals that the recruitment to the posts specified in Schedule-1 to the Rules of 2017 can be made by the following methods:

(a) By direct recruitment; or

(b) By recruitment from lower grades; or

(c) By promotion; or

(d) By selection through limited Departmental Examinations.

In terms with Sub-Rule (ii) of Rule 5 of the Rules of 2017, the respective quotas reserved for direct recruitment and by promotion, the qualifications and conditions for direct recruitment and for promotion/placement to various grades of the service shall be specified in Schedule-II of the Rules of 2017.

7. Rule 6 of the Rules of 2017 stipulates, as to how, recruitment can be made by way of Direct Recruitment. It is relevant to mention that the said Rule also stipulates, as to how, direct recruitment can be made to the post of Graduate Teachers and Primary Teachers which is the subject matter of the present adjudication.

8. Rule 7 of the Rules of 2017 refers to Qualifications for Direct Recruitment. In terms with Sub-Rule A of Rule 7 of the Rules of 2017, the age for direct recruitment are stipulated. Educational Qualifications have been mentioned in Sub-Rule B of Rule 7 of the Rules of 2017. Clause II of Rule 7 B of the Rules of 2017 relates to the educational qualifications for direct recruitment to the post of Graduate Teacher in various subjects. The said Clause II of Rule 7 B of the Rules of 2017 being relevant is reproduced herein under:

“II. The required educational qualifications for direct recruitment to the post of Graduate Teacher in various subjects shall be as follows:-

(a) Graduate/Post Graduate with at least 50% marks (or an equivalent degree) relaxable by 5% for Scheduled Tribe/Scheduled Caste/differently abled candidates, in either Graduation or Post Graduation at the Bachelor's degree level in the relevant subject from a recognized university;

(b) Bachelor- of Education (B.Ed), B.A.Ed//B.Sc.Ed from any National Council of Teacher Education recognized institution; and

(c) Besides fulfilling the above qualification, the