2018 Supreme(Raj) 1076

IN THE HIGH COURT OF RAJASTHAN
ARUN BHANSALI, J.
Puran Mal - Appellant
Vs.
State of Rajasthan - Respondent
Civil Writ No. 12982 of 2018, 13743 of 2018, 13792 of 2018
Decided On : 19-09-2018

The eligibility criteria for the post of Teacher Gr.III (Level-II) is governed by the NCTE Regulations, which prescribe a minimum of 50% marks in graduation and 1-year Bachelor in Education (B.Ed.) or 45% marks in graduation and 1-year B.Ed., in accordance with the NCTE (Recognition Norms and Procedure) Regulations. The Division Bench judgment in Sushil Sompura v. State (Education) and Others laid down cut-off dates for the application of the minimum marks requirement: 27.09.2007 and 31.08.2009. Candidates who have obtained less than 50% marks in graduation and have taken admission in B.Ed. course after 31.08.2009 are ineligible for the post of Teacher Gr. III (Level-II).

Headnote:

EDUCATION - TEACHER RECRUITMENT - ELIGIBILITY - NCTE REGULATIONS - MINIMUM MARKS REQUIREMENT - CUT-OFF DATES - EX-SERVICEMEN RELAXATION - INTERPRETATION AND APPLICATION: 1. The qualification for Teacher Gr.III (Level-II) is governed by the National Council for Teacher Education (NCTE) Regulations, as incorporated into the Rules of Panchayati Raj Rules, 1996. 2. The NCTE Regulations prescribe a minimum of 50% marks in graduation and 1-year Bachelor in Education (B.Ed.) or 45% marks in graduation and 1-year B.Ed., in accordance with the NCTE (Recognition Norms and Procedure) Regulations. 3. The Division Bench judgment in Sushil Sompura v. State (Education) and Others laid down cut-off dates for the application of the minimum marks requirement: 27.09.2007 and 31.08.2009. 4. Candidates who have obtained less than 50% marks in graduation and have taken admission in B.Ed. course after 31.08.2009 are ineligible for the post of Teacher Gr. III (Level-II). 5. The 5% relaxation in minimum marks for ex-servicemen under Rule 18-A of the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1998 applies only to competitive examinations and not to minimum eligibility criteria at graduation. 6. Petitioners who have less than 50% marks in graduation and have taken admission in B.Ed. course after 31.08.2009 are ineligible for the post of Teacher Gr. III (Level-II) and are not entitled to any relief.

Fact of the Case:

The petitioners, who applied for the post of Teacher Gr.III (Level II) in the Rajasthan Primary and Upper Primary School Teacher Direct Recruitment 2018, challenged the rejection of their candidature due to not meeting the eligibility criteria. The petitioners, Puran Mal, Dharmendra Kumar Sharma, and Raveendra Singh, had obtained less than 50% marks in graduation and had taken admission in B.Ed. course after 31.08.2009. They argued that the prescription of minimum 50% marks at graduation level was not justified once they had obtained a degree of B.Ed. and that the NCTE Regulations provided for 45% marks at graduation level as one of the eligibility criteria. Dharmendra Kumar Sharma and Raveendra Singh, who were ex-servicemen, also claimed entitlement to a 5% relaxation in the minimum marks prescribed for eligibility.

Finding of the Court:

The court held that the qualification for Teacher Gr.III (Level-II) was governed by the NCTE Regulations, as incorporated into the Rules of Panchayati Raj Rules, 1996. The court further held that the NCTE Regulations prescribed a minimum of 50% marks in graduation and 1-year Bachelor in Education (B.Ed.) or 45% marks in graduation and 1-year B.Ed., in accordance with the NCTE (Recognition Norms and Procedure) Regulations. The court also held that the Division Bench judgment in Sushil Sompura v. State (Education) and Others laid down cut-off dates for the application of the minimum marks requirement: 27.09.2007 and 31.08.2009. The court concluded that candidates who have obtained less than 50% marks in graduation and have taken admission in B.Ed. course after 31.08.2009 are ineligible for the post of Teacher Gr. III (Level-II). The court also held that the 5% relaxation in minimum marks for ex-servicemen under Rule 18-A of the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1998 applies only to competitive examinations and not to minimum eligibility criteria at graduation.

Issues: 1. Whether the prescription of minimum 50% marks at graduation level was justified for candidates who had obtained a degree of B.Ed.? 2. Whether the NCTE Regulations provided for 45% marks at graduation level as one of the eligibility criteria? 3. Whether ex-servicemen were entitled to a 5% relaxation in the minimum marks prescribed for eligibility?

Ratio Decidendi: 1. The court held that the prescription of minimum 50% marks at graduation level was justified for candidates who had obtained a degree of B.Ed., as the NCTE Regulations prescribed a minimum of 50% marks in graduation and 1-year Bachelor in Education (B.Ed.) or 45% marks in graduation and 1-year B.Ed., in accordance with the NCTE (Recognition Norms and Procedure) Regulations. 2. The court held that the NCTE Regulations provided for 45% marks at graduation level as one of the eligibility criteria, but this was subject to the cut-off dates laid down in the Division Bench judgment in Sushil Sompura v. State (Education) and Others: 27.09.2007 and 31.08.2009. 3. The court held that ex-servicemen were not entitled to a 5% relaxation in the minimum marks prescribed for eligibility, as the 5% relaxation under Rule 18-A of the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1998 applies only to competitive examinations and not to minimum eligibility criteria at graduation.

Final Decision: The court dismissed the writ petitions filed by the petitioners, holding that they were ineligible for the post of Teacher Gr. III (Level-II) as they had obtained less than 50% marks in graduation and had taken admission in B.Ed. course after 31.08.2009.