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2012 Supreme(Raj) 690
(Rajasthan High Court)
Surya Prakash Vs. State of Rajasthan & Ors. (Vyas, J.)
HON'BLE GOPAL KRISHAN VYAS, J.
Surya Prakash
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition Nos. 2180 & 2205 of 2012, decided on 19.05.2012
P.S. Bhati/Kailash Khatri, for Petitioners;
G.R. Punia, A.A.G. with Mahendra Choudhary, Dy. Govt. Counsel;
Kuldeep Mathur, for NCTE;
Rakesh Arora, for Board of Secondary Education;
A.K. Rajvanshi, H.S. Sidhu, Ashok Chhangani, R.S. Choudhary, T.S. Tanwar, Kailash Jangid, Rajesh Jangid, Rakesh Matoriya, V.N. Calla, Bharat Dewasi, J.S. Bhaleria, A.R. Godara, Kan Singh Oad, S.S. Jodha, Vinod Choudhary, D.L. Rawla, Jog Singh, Amit Gaur, Rajesh Panwar, C.R. Choudhary, Ramdev Potaliya, M.S. Godara, O.P. Bishnoi, Shyam Khatri, Vijay Purohit, Vikram Singh, Anuj Sahlot, Nishant Motsara, Manish Dadhich, N.S. Rajpurohit, D.L. Mothsara, B.S. Deora, V.K. Bhadu, B.L. Dudy, Vinit Sanadhya, R.C. Joshi, L.K. Ramdhari, Mahaveer Bishnoi, Girish Sankhla, J.D.S. Bhati, Sheetal Kumbhat, V.R. Choudhary, Shardul Bishnoi, Msw Pintu Pareek, B.K. Vyas, S.R. Choudhary, S.K. Punia, Awardan Charan, Ankur Mathur, Gopal Bose, S.K. Verma, Devesh Bohra, Ashwani Swami, B.L. Bishnoi, Manoj Purohit, Trilok Joshi, Sushil Kumar, Ms Aruna Negi, Gopal Acharya, Ms Anjana Jawa, Narpat Singh, P.R. Mehta, Deepesh Beniwal, Rahul Sharma, P.S. Rathore, Dwarkesh Vyas, Om Rajpurohit, Moti Singh, R.D.S.S. Kharlia, N.R. Budhania, J.P. Swami, P.S. Chundawat, Arjun Purohit, Deepak Nehra, S.K. Verma, H.S. Choudhary, B.S. Tanwar, T.C. Sharma, Vikas Binjariya, S.N. Goswami, M.L. Khatri, N.A. Rajpurohit, Bharat Shrimali, Mahendra Prajapat, R.R. Bishnoi, H.S. Inda, K.L. Chauhan, Harish Purohit, K.L. Bishnoi, Kunal Paliwal, T.R. Choudhary, S.R. Godara, Vishal Jangid, Vishal Jangid, J.R. Bhardwaj, Ms Premlata Gaur, Rohitesh Singh, Mahaveer Singh, D.L.R. Vyas, M.P. Pareek, H.S. Bishnoi, S.S. Rathore, Balvinder Singh, V.K. Sharma, K.R. Bhati, Dishant Gaur, Parikshit Nayak, Laxman Bishnoi, Dr. Vinay Chhipa, Surendra Bachmaliani, Ajay Vyas, R. Bhatnagar, Sushil Bishnoi, S.S. Rathore and Sukesh Bhati, J.R. Anjana, R.L. Baloch, Govind Suthar, Advocates for petitioners in the Writ Petitions
Headnote:Rajasthan Panchayati Raj Rules, 1996, Rule 263, 266, 265(x); Right of Children to Free and Compulsory Education Act, 2009, Sec. 23 — Declining the petitioners possessing graduation with B.Ed. to compete for appointment on the post of teacher Gr. III Level -I to teach students of Classes I to V — Held — Vacancies not advertised for last 6 years — Inaction on the part of state — Right accrued to the petitioners and denial to those who acquired TET qualification after issuance of notification dated 23.8.2010 and prior to 1.1.2012 is against the constitutional rights guaranteed them u/Art. 14, 16 and 21of the Constitution of India — Directed to grant one opportunity to all those candidates who acquired the qualification of graduate with B.Ed. and TET before 1.1.2012 in selection process commenced on 24.2.2012 for appointment on the post of Teacher Gr. III Level-I. (Paras 30 to 38)
Writ petitions allowed.
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2. The Central Government enacted the Right of Children to Free and Compulsory Education Act, 2009 (Act No.35 of 2009), in which, under Section 23(1) it is provided that minimum qualification shall be laid down by an academic authority authorized by the Central Government. The Central Government authorised the National Council for Teacher Education (“the NCTE” hereinafter) to lay down the minimum qualification for appointment of Teachers. The NCTE, after authorization, laid down the qualifications for Teacher vide notification dated 23.08.2010 (which is subsequently amended vide notification dated 29.07.2011). In para 3 of the above notification those candidates possessing degree of graduation with at least 50% marks and B.Ed. qualification were also held eligible for appointment as Teacher Grade III for level – I for classes I to V up to 1.1.2012 along with the candidates possessing prescribed qualification provided they undergo, after appointment, an NCTE recognized 6 months' special programme in the elementary education.
3. The State Government vide notification dated 11.05.2011 inserted the qualification for appointment of Teacher in Rule 266 of the Rajasthan Panchayat Raj Rules, 1996. The main contention of the petitioners in the writ petitions is that they are possessing the qualification of graduation degree with B.Ed. and they have cleared the RTET 2011, therefore, as per para 3 of the notification dated 23.08.2010 they are eligible to be appointed on the posts of Teacher Grade-III; but, the said qualification has not been prescribed in the advertisements issued by the Zila Parishads of all the districts in the State although the said qualification is incorporated in para 3 of the notification issued by the NCTE.
4. Learned counsel for the petitioners submit that as per the Government stand opportunity for appointment as Teacher Grade-III for the Level-I classes from class I to class V the candidates who possess B.A./B.Sc. with at least 50% marks and B.Ed. qualification was available up to 01.01.2012 provided the candidates undergo, after appointment, NCTE recognized 6 months' special programme in elementary education, therefore, in the advertisement issued by all the Zila Parishads of Rajasthan for recruitment on 24.02.2012, after the date prescribed by the NCTE, the State Government is not treating all those candidates who are possessing B.A./B.Sc. and B.Ed. with TET for the posts of Teacher Grade-III for classes from I to V. As per the petitioners, the denial of consideration is unconstitutional act of the State because the delay in recruitment is caused due to inaction on the part of the State Government only so much so in the State of Rajasthan since the year 2006 no recruitment on the posts of Teacher Grade-III took place and, now, after clubbing all the vacancies occurring hitherto the State Government is going to make recruitment on 40000 posts of Teacher Grade-III through the Zila Parishad of each district of the State and, for that, on 11.05.2011 an amendment was made whereby the qualifications laid down by the NCTE in the notification dated 23.08.2010 and amendment notification dated 29.07.2011 are prescribed. In both the above notifications opportunity for all those candidates who possess B.A./B.Sc. with at least 50% marks and B.Ed. qualification was available up to 01.01.2012, however, rider was incorporation that the candidates shall undergo, after appointme
