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2016 Supreme(Jhk) 1477
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RAJESH SHANKAR, JJ.
Ajit Kumar Giri son of Baidyanath Giri & Ors. - Petitioners
Versus
The State of Jharkhand, through the Principal Secretary, Human Resources Development Department (Primary Education) & Ors. - Respondents
W.P. (S) No. 5144 of 2015
Decided On : 16-12-2016
For the Petitioner: Mr. Pandey Neeraj Rai
For the State : Mr. Lalan Kumar Singh
Headnote:Jharkhand Elementary Schools Teachers Recruitment Rules, 2012–Rule 14–rule 14 stated arbitrary and sought for striking it down – as per Rule 14, the teacher with 2 years experience were allowed reservation – the para – teachers working under the Sarva Shiksha Abhiyan, as per notification 1533, got reservation at 50 % seats and rest 50 % as per the promotion rules – the petitioner contended, they adversely affected by this notification – it was held that the seats reserved on experience basis do not violate the provisions of Articles 14, 16 and 335 of the constitution – accordingly plea rejected.
Jharkhand Elementary School Teachers’ Recruitment Rules, 2012–Rule 21–rule 21 provides for observation of marks obtained in TET so it was sought for striking down – the petitioner contended that they appointed after passing PT and mains of JPSC examination and Rule 21 do not count this eligibility as a result the petitioner deprived of their remedies – so they contended that the PT must be counted as TET – the court observed that the RTE Act, 2009 and NCTE guidelines prescribe that the TET is mandatory , accordingly as per Rules 2012 passing of TET is mandatory criteria for eligibility of the post – the RTE act, 2009 was the base on which the govt. formed this policy, so the court can not interfere with this decision, unless it is found arbitrary and unreasonable – accordingly Rule 21 held proper and reasonable – petition dismissed.
Rajesh Shankar, J.
1. By way of present writ petition, the petitioners have prayed for striking down the Jharkhand Elementary School Teachers Recruitment Rules, 2012 as arbitrary, particularly, the provision contained in Rule 14 which renders Para Teachers with two years of uninterrupted service as eligible for selection and not the teachers with teaching experience in elementary schools and the provision contained in Rule 21 which allows consideration of marks obtained in Teachers Eligibility Test (for short ‘TET’) but not the marks obtained in the examination for selection of teachers conducted by the Jharkhand Public Service Commission. The petitioners have further prayed for a direction upon the respondents to consider the petitioners for direct recruitment to the post of Graduate Trained Teachers for Class-VI to Class-VIII being the subject matter of the advertisement dated 4th July, 2015.
2. The factual matrix of case is that the Government of Jharkhand framed Jharkhand Elementary School Recruitment Rules, 2002 (hereinafter to be referred as the ‘Rules 2002’) and as per the Rules 2002 (particularly Rule 4 read with Rule 2(Kha) read with Rules 7 and 11), the eligibility criteria was matriculate with training and having passed the recruitment examination conducted by the Jharkhand Public Service Commission in two stages i.e. Preliminary Test and Mains Examination. Moreover, Rule 9 postulated that a district-wise merit list was to be prepared by the Jharkhand Public Service Commission, based on the marks obtained in the Mains Examination, leading to appointment of candidates. Further, Rule 11 provided that the appointment shall be in Matric Trained Scale only.
3. Subsequently, vide Notification No.1691 dated 14th August, 2007, the Government of Jharkhand made an amendment in the Rules 2002 by way of Jharkhand Elementary School Recruitment (Amendment) Rules, 2007 (hereinafter to be referred as the ‘Rules 2007’), wherein provision was inserted for eligibility to be Intermediate Trained. Subsequent to Rules 2007, the Jharkhand Public Service Commission published an advertisement, setting out the amended instructions for the purpose of recruitment against which the petitioners applied and eventually got selected and appointed. The petitioners, thereafter, joined in their respective schools.
4. On 14th May, 2011 vide a notification, contained in Memo No.1341, the Jharkhand Elementary School (2nd Amendment) Rules, 2011 (hereinafter to be referred as the ‘Rules 2011’) was brought into force by the Government of Jharkhand, whereby the Preliminary Test conducted by the Jharkhand Public Service Commission was declared to be treated as equivalent to TET albeit only for one recruitment examination. In the said Rules, further provision was made that the only those teachers selected out of the said process shall be posted in upper primary classes (Class-VI to Class-VIII) whose educational qualification would be graduate.
5. Thereafter, on 5th September, 2012, the Government of Jharkhand framed new Rules, being “Jharkhand Elementary School Teachers Recruitment Rules, 2012” (hereinafter to be referred as the ‘Rules 2012’), which, inter alia, provided that middle school shall mean those elementary schools where education is provided from Class-I to Class-VIII or Class-I to Class-VII or Class-VI to Class-VIII or Class-VI and Class-VII [Rule 2(kh)]. The elementary schools have been defined as schools having Class-I to Class-VIII [Rule 2(k)]. The primary schools have been defined as Class-I to Class-V and upper primary schools as Class-VI to Class-VIII. The elementary class has been defined as Class-I to Class-VIII [Rule 2(tha)(da) & (dha)]. Rules 2012 further provided for direct recruitment to be made on the basis of marks obtained in TET and in academic examination (Rule 21). In Rule 14, the provision was made for 50% reservation for para teachers with two years of continuous service.
6. Vide Notification No.1533 dated 31st July, 2014, 7
