1986 Supreme(Raj) 453
RAJASTHAN HIGH COURT
S.C.Agrawal, J.
Ram Narain Verma - Appellant
Versus
State of Rajasthan - Respondent
S.B.C.W.P. No. 1439 of 1985.
Decided On : 7-04-1986
The degree of Shiksha Shastri granted by the University of Rajasthan was a Bachelor's degree in Education and fulfilled the qualification prescribed in the Rules for the post of Head Master, Secondary School.
Headnote:
EDUCATION - APPOINTMENT - HEAD MASTER, SECONDARY SCHOOL - QUALIFICATION - DEGREE OF SHIKSHA SHASTRI GRANTED BY UNIVERSITY OF RAJASTHAN - WHETHER A DEGREE IN EDUCATION - WHETHER FULFILS QUALIFICATION PRESCRIBED IN RULES - RAJASTHAN EDUCATIONAL SERVICE RULES, 1970, RULE 1(A).
Fact of the Case:
Petitioner, possessing a Bachelor's degree and a degree in Shiksha Shastri from the University of Rajasthan, applied for the post of Head Master, Secondary School, advertised by the Rajasthan Public Service Commission. He was selected but not appointed on the ground that he did not possess a B.Ed. degree, as required by the Rajasthan Educational Service Rules, 1970. The petitioner challenged this decision, arguing that the degree of Shiksha Shastri was a degree in education and fulfilled the qualification prescribed in the Rules.
Finding of the Court:
The court held that the degree of Shiksha Shastri granted by the University of Rajasthan was a Bachelor's degree in Education and fulfilled the qualification prescribed in the Rules for the post of Head Master, Secondary School. The court noted that the syllabus for the degree of Shiksha Shastri related to the field of education and teaching, and that the University of Rajasthan treated the Shiksha Shastri at par with B. Ed. The court also held that the order of the State Government recognizing the Shiksha Shastri examination conducted by the Rajasthan Sanskrit Shikshak Prashikshan Vidyapith, Jaipur, only for the purpose of teaching Sanskrit subject, did not apply to the degree of Shiksha Shastri granted by the University of Rajasthan.
Issues: Whether the degree of Shiksha Shastri granted by the University of Rajasthan was a degree in education and fulfilled the qualification prescribed in the Rules for the post of Head Master, Secondary School.
Ratio Decidendi: The court relied on the syllabus for the degree of Shiksha Shastri, which related to the field of education and teaching, and the fact that the University of Rajasthan treated the Shiksha Shastri at par with B. Ed. The court also noted that the order of the State Government recognizing the Shiksha Shastri examination conducted by the Rajasthan Sanskrit Shikshak Prashikshan Vidyapith, Jaipur, only for the purpose of teaching Sanskrit subject, did not apply to the degree of Shiksha Shastri granted by the University of Rajasthan.
Final Decision: The court allowed the writ petition and directed the respondents to appoint the petitioner on the post of Head Master Secondary School on the basis of the letter of selection dated 14th June, 1985 issued by the Commission.
JUDGMENT
1. - This writ petition relates to the appointment to the post of Head Master of Secondary School which post is governed by the Rajasthan Educational Service Rules, 1970(here in after referred to as 'the Rules').
2. The petitioner obtained his B.A Degree from the Rajasthan University in 1971 and the degree of Shiksha Shastri from the Rajasthan University in the year 1973. He was initially appointed as IIIrd Grade teacher on 5th February, 1974 in the Primary and Secondary Education Department of Rajasthan. He was subsequently promoted to the post of IInd Grade teacher by order dated 22nd Sept., 1978.He was confirmed on the post of IInd Grade teacher by order dated 13th Feb. 1982. Some posts of Head Masters, Secondary School came to be advertised by the Rajasthan Public Service Commission, Ajmer (here in after referred to as 'the Commission') vide advertisement No. 1/84-85 published in the Rajasthan Patrika dated 2nd May, 1984. The qualifications which were prescribed for the post of Head Master in the said advertisement were Bachelor's Degree with a degree or Diploma in Education by University established by law in India or by some foreign University which is recognised equivalent by the Government. In response to the said advertisement, the petitioner submitted his application for the post of Head Master. He appeared in the written examination which was conducted by the Commission and after being declared successful in the said examination he was called for interview before the Interview Board of Commission on 9th May, 1985. The petitioner was informed by the Commission by letter (Annexure 5) dated 14th June, 1985 that he had been selected and he has been placed at Serial No. 326 in the merit list and that an intimation was sent to the Department for necessary action. The grievance of the petitioner is that even though he has been selected by the Commission for the post of Head Master in Secondary School he has not been appointed on the said post although other persons who have been so selected, have been appointed. The petitioner has also stated that he approached the Director, Primary and Secondary Education, Bikaner, the respondent No. 3 here in, who informed the petitioner that the petitioner has not been appointed for the reason that he only possessed the degree of Shiksha Shastri and not B. Ed. degree. Feeling aggrieved by the aforesaid decision on the part of the respondents Nos. 1 and 3 not to appoint the petitioner on the post of Head Master, Secondary School, even though he had been selected by the Commission for the said post, the petitioner has filed this writ petition wherein he has prayed that appropriate writ order or direction may be issued directing the respondents to give appointment to the petitioner on the post of Head Master, Secondary School in pursuance of the letter of selection issued by the Commission on 4th June, 1985.
3. A notice was issued to the respondents requiring them to show cause as to why the writ petition may not be admitted and in response to the said notice, a reply has been filed on behalf of the respondents Nos. 1 and 9. In the said reply it has been stated that the Shiksha Shashtri training was recognised by the State Government vide order dated 17th June, 1968 only for teaching Sanskrit subject. In the said reply it has also been stated that since the petitioner does not possess the B.Ed, degree, but only possesses the degree of Shiksha Shastri which is recognised only for teaching Sanskrit subject, the petitioner is not fully qualified for the post of Head Master according to the Rules and he cannot be appointed on the said post.
4. The petitioner has filed a rejoinder to the said reply.
5. At the request of the learned counsel for the petitioner and the learned Deputy Government Advocate, arguments were heard on the writ petition for the purpose of final disposal at the stage of admission.
6. The post of Head Master, Secondary School is included in group 'F' of Schedule I to th
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