1997 Supreme(Raj) 1228
RAJASTHAN HIGH COURT AT JAIPUR BENCH
N.L.Tibrewal, J.
Vijay Kumar Burdak and others - Appellant
Versus
State of Rajasthan and others - Respondent
S.B. Civil Writ Petition No. 57 of 1997.
Decided On : 7-07-1997
Important Points
The State Government cannot raise the minimum academic qualification for the appointment of a Primary School teacher Gr. III, without making necessary amendment in the Rules of 1959.
Subject
Education Law - Teacher Eligibility
Headnote
RAJASTHAN PANCHAYAT SAMITIS AND ZILA PARISHADS SERVICE RULES, 1959 - Minimum qualification for appointment as Primary School teacher - Whether can be raised by State Government in exercise of powers under second proviso to rule-17 - Whether Senior Secondary (Vocational) qualification is equivalent to Senior Secondary (Academic) of the Board.
Fact of the Case:
Petitioners, who had passed Senior Secondary (Vocational) Examination and completed B.S.T.C./S.T.C. training course, challenged the rejection of their applications for appointment as Primary School teachers on the ground of ineligibility. The respondents contended that the minimum qualification for the post was Senior Secondary, and that Senior Secondary (Vocational) was not equivalent to Senior Secondary (Academic).
Finding of the Court:
The Court held that the State Government could not raise the minimum academic qualification for the appointment of a Primary School teacher Gr. III, without making necessary amendment in the Rules of 1959. The Court also held that Senior Secondary (Vocational) qualification was equivalent to Senior Secondary (Academic) of the Board.
Issues: 1. Whether minimum qualification prescribed for the appointment to the post of Primary School teacher, which is Matric/Secondary with S.T.C./B.S.T.C. training or equivalent as per the Schedule appended to the Rules of 1959, could be raised as Sr. Secondary or equivalent examination by the State Government in exercise of powers under second proviso to rule-17 of the Rules? 2. Whether Senior Secondary (Vocational) qualification is equivalent to Senior Secondary (Academic) of the Board?
Ratio Decidendi: 1. The second proviso to rule-17 of the Rules of 1959, which empowers the State Government to give general directions to District Establishment Committees for making selections for various posts, does not confer any right or power in the State Government to amend and raise the qualification prescribed in the Schedule appended to the Rules of 1959. 2. The question of equivalence of two educational qualifications imparted by the Board of Secondary Education is to be decided by the Board, which is an expert body and is in a better position to examine and decide the matter.
Final Decision: The Court allowed the petitions and held that the petitioners were eligible to be considered for the appointment as Primary school teachers pursuant to the advertisements issued by the District Establishment Committees. The orders passed by the District Establishment Committees holding them to be ineligible were quashed and set aside. The Order/Circular dated 11.4.96 and the order dated 19.11.90 making amendment in the directions dated 20.79)n were also quashed and set aside.
JUDGMENT
1. - This batch of Writ Petitions may be conveniently decided jointly by it common order as identical questions of law and facts ;sere involved in them.
2. The petitioners herein, had applied for the appointment as Primary School teachers Gr. III in rural schools under Panchayat Samitis pursuant to different advertisements issued by the District Establishment Committees in the year. 1996. After clearing Secondary School Examination from the Board of Secondary Education, Ajmer. The petitioners passed Senior Secondary (Vocational) Examination. They have also completed teachers training course conducted by the Education Department of the State Government, known as in Basic School Training Certificate (B.S.T.C) course or School Training Certificate (S.T.C.) course, now known as 'Shiksyak Prashikshan Parikkha' Their application forms were rejected on the ground of their being ineligible for not possessing requisite academic qualification. As per the respondents, a candidate to be eligible for the appointment as Primary School teacher was required to pass i Senior Secondary, while the petitioners had passed Senior Secondary (Vocational) which, according to them, is not equivalent to Sr. Secondary (Academic). The petitioners, therefore, are challenging the action of the respondents, seeking relief for issuance of it proper direction it) consider them to he eligible for appointment as Primary School teachers in pursuance to various 211 advertisements issued by the District Establishment Committees.
3. On behalf of the petitioners it hen been vehementy contended that the Rajasthan Panchayat Samitis and Zila Pal ishad Service Rule,. 1969 (for short 'the Rules of 1959') govern the recruitment in question and in terms of rule 11 read with Schedule, appended to the Rules, the minimum qualification prescribed for the appointment as Primary School teachers is Matric (Secondary) with B.S.T.C./S.TC. training or any other qualification declared equivalent by the Education Department of the State Government. Learned counsel contended that all the petitioners have passed Secondary School and also completed B.S.T.C. or S.T.C. training course conducted by the Education Department as such, they are eligible to be appointed as Primary School teachers having requisite qualification as per the Rules. That the State Government, in exercise of powers under second proviso to rule-17 of the Rules of 1959. has issued general directions to all the District Establishment Committees in connection with sections of school teachers Gr. III and last such directions were issued vide Circular/communication dated 20.7.96. As per these directions, the minimum qualification for the eligibility has been prescribed as Secondary with five subjects including Hindi, Math, English and Senior Secondary with B.S.T.C. or B.Ed. or equivalent examinations as recognised by the Education Department and the Board of Secondary Education, Ajmer, According to the learned counsel, the State Government is not competent to change the qualification prescribed as per the Rules of 1959 by 'issuing administrative instructions or directions. That the State Government can change the prescribed qualification only by making necessary amendment in the Rules. Hence, qualification of Senior Secondary prescribed as per the above directions is without authority of law and the same cannot be given effect for determining eligibility of the candidates. It is further submitted that as per above directions also, the petitioners are eligible as they have the requisite qualification of Sr. Secondary with B.S.T.C./S.TC. training. According to the learned counsel, the petitioners have passed Sr. Secondary (Vocational) examination which is recognised equivalent to Sr. Secondary (Academic) examination by the Board of Secondary Education as well as the Education Department of the State Government. In this connection, it was pointed out that students passing Sr. Secondary (Vocational) examination are eligib
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