The employer has the authority to determine the qualifications for its employees, and the central legislation does not bind the state government unless extended through proper procedure.

1. In this petition, the petitioners have challenged the eligibility conditions prescribed in various Notifications issued by the Jammu and Kashmir Service Selection Board with regard to the educational qualification for the post of Teacher in School Education Department. The petitioners pray for a direction to respondents 1 and 2 to make appropriate amendments in the J&K Education (Subordinate) Service Recruitment Rules and incorporate therein the qualification of B.Ed. for recruitment to the post of Teacher.

2. Briefly put, the facts leading to filing of this petition are that the petitioners, after doing their Graduation, have acquired the qualification of Bachelor of Education (B.Ed). It is claimed that the aforesaid qualification was acquired by the petitioners keeping in view the educational policy of the Government of India as well as the State, which would require the Teacher to possess the qualification of B.Ed. mandatorily.

3. The grievance of the petitioners is that as per the J&K Education (Subordinate) Service Recruitment Rules of 2008 as amended vide SRO 290 dated 06th September 2016, the minimum qualification for direct recruitment to the post of teacher is provided as “Graduate from recognized University”, whereas in the Central legislation i.e. Right of Children to Free and Compulsory Education Act, 2009, the minimum qualification, which the Teacher is required to possess, is B. Ed.

4. The further grievance of the petitioners is that Government of Jammu and Kashmir is selectively implementing the directives of Ministry of HRD, and have taken no steps to incorporate the aforesaid qualification of B.Ed. as minimum qualification for recruitment of Teachers in School Education Department by effecting appropriate amendment in the Rules of 2008.

5. In the backdrop of aforesaid facts, the learned counsel of the petitioners has raised two points :

(a) That in view of the policy of the Central Government for providing free and compulsory education to the children and the enactment of special legislation in this regard i.e. Right of Children to Free and Compulsory Education Act, 2009, the State Government is under obligation to appropriately amend the Rules of 2008, so as to bring them in conformity with the aforesaid legislation. The petitioners are though more concerned about the minimum qualification for a Teacher in the School Education Department.

(b) That when a Teacher, after recruitment is required to compulsorily undergo B.Ed. training at the expense of State, there is no reason or justification not to recruit the candidates who already possess such a qualification, for, that would also lessen burden on the public exchequer.

(c) That once the Government has been following the advisory of HRD of Government of India in various matters, there is absolutely no reason or justification to ignore the provisions of Right of Children to Free and Compulsory Education Act, 2009, and Rules framed thereunder and accordingly, upgrade the Rules of 2008 by making necessary amendment.

6. I have considered the submissions made by learned counsel of the petitioners and perused the record.

7. The recruitment to the post of General Line Teacher is governed by the Rules of 2008 as amended vide SRO 290 dated 06th September 2016, which provide Graduation from recognized University as a minimum qualification for direct recruitment to the post of Teacher. These Rules have been framed by the Governor in exercise of powers conferred under proviso to Section 124 of Constitution of Jammu and Kashmir.

8. The legislation, which the learned counsel for the petitioners refers to, is the Central legislation which admittedly does not extend to the State of Jammu and Kashmir. That being so, the Government is not bound to follow the same unless it is extended by following proper procedure as envisaged in the Constitution of India. That being so, no mandamus can be issued to the respondents to frame Statutory Rules in a particular manner, more so wh