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2014 Supreme(MP) 1270
MADHYA PRADESH HIGH COURT AT JABALPUR BENCH
A.M. Khanwilkar, C.J., Alok Aradhe, JJ.
Gazetted Headmasters Pradeshik Sangh - Appellant
Versus
State of M.P. - Respondent
W.P. Nos. 14833, 15237, 15394, 15633, 18519, 15380, 15478, 15590, 16307, 12600, 15256, 15270, 15355, 15443, 15475, 15797, 16257, 16291, 16292, 16598, 16621, 16731, 16867, 16967, 16968, 17006 (S), 17367, 17458, 17586, 17789 (S), 17887, 18260, 18787, 18793, 19038, 19660, 19663, 19672, 19732 of 2013, 3286 of 2014, 14747, 15161, 15266, 15344, 15351, 15370, 15431, 15449, 15456, 15528, 15538, 15547, 15597, 15690, 15753, 16258, 16298, 18092, 18438, 18759, 22203, 18278, 18305, 17068, 16099, 16467, 20635 of 2013, 1573, 4323, 4840, 4846 of 2014, 15054, 15440, 15570, 15955, 16423, 16430, 16434, 16435, 16466, 16680, 17041, 17060, 17097, 17180, 17689, 16676, 17768, 17972, 18428, 18590, 18648, 18791, 18990, 19666 of 2013, 348, 800, 6692 and 6693 of 2014 with 15814 of 2013
Decided On : 08-09-2014
For Appellant/Petitioner/Plaintiff:Rajendra Tiwari, Senior Advocate and Pratichi Dubey, V.K. Shukla, D.K. Dixit, R.K. Samaiya, P.N. Dubey, Sanjay K. Agrawal, Alok Pathak and Rajendra Mishra, Praveen Verma, Mahendra Pateriya, Jitendra Tiwari, Shashank Verma, Anshuman Singh, Rajneesh Gupta,Nikhil Tiwari, Rajesh Dubey, Manoj Soni, M.K. Rajak, Anand Sharma, S.D. Mishra, Jitendra Arya, Sudha Gautam, Vinod Mishra, Rohtash Babu Patel andV.D.S. Chauhan
For Respondents/Defendant:Samdarshi Tiwari, Government Advocate
For interveners: Sanjay Agrawal and Hitendra Singh
The teaching experience requirement for appointment to the post of Area Education Officer should be interpreted as overall teaching experience on any teaching post in Government Schools.
Headnote:
STATE EDUCATION SERVICE - CONSTITUTION - ACT-SECTION REFERRED - M.P. EDUCATION SERVICE (SCHOOL BRANCH) RECRUITMENT AND PROMOTION RULES, 1982 - AMENDMENT - VALIDITY - AREA EDUCATION OFFICER - APPOINTMENT - LIMITED EXAMINATION - AUTHORITY - M.P. ONLINE LIMITED - JURISDICTION - CLASSIFICATION - REASONABLENESS - TEACHING EXPERIENCE - CALCULATION - CLARIFICATION - QUASHING OF ORDERS.
Fact of the Case:
The petitioners, employed as Assistant Teachers, Upper Division Teachers, Head Masters of Middle School and Lecturers of Higher Secondary School in School Education Department, and Varishtha Adhhyapaks in Government Schools managed by local bodies, challenged the order dated 25-7-2013 issued by the State Government constituting State Education Service, Notification dated 22-8-2013 amending the M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982, and the advertisement dated 22-8-2013 for recruitment to the post of Area Education Officer. They contended that the impugned amendment excluded Assistant Teachers and Varishtha Adhyapaks from participating in the recruitment process, that Lecturers were being treated at par with Upper Division Teachers and Adhyapaks, and that Headmasters were required to appear in the examination for appointment to the post of Area Education Officer while Lecturers could be directly promoted. The State Government argued that the limited examination was necessary to ensure that persons with experience in working in remote rural and tribal areas were selected as Area Education Officers, that Lecturers were not entitled to participate in the examination, and that the classification was reasonable.
Finding of the Court:
The Court held that the limited examination was a valid method of recruitment, that M.P. Online Limited was a valid authority to conduct the examination, that the classification of candidates was reasonable, and that the teaching experience requirement should be interpreted as overall teaching experience on any teaching post in Government Schools. The Court quashed the order dated 16-9-2013 issued by the School Education Department, the clarificatory memo issued by the Commissioner, Public Instructions, Government of Madhya Pradesh, Bhopal dated 24-8-2013, and the advertisement dated 22-8-2013 insofar as it prescribed that Upper Division Teachers, Head Masters Middle School and 'Adhyapaks', should have 5 years teaching experience on their "respective posts" for appointment on the post of Area Education Officer.
Issues: 1. Whether the limited examination for appointment to the post of Area Education Officer was a valid method of recruitment? 2. Whether M.P. Online Limited was a valid authority to conduct the examination? 3. Whether the classification of candidates for the post of Area Education Officer was reasonable? 4. Whether the teaching experience requirement should be interpreted as overall teaching experience on any teaching post in Government Schools?
Ratio Decidendi: 1. The limited examination was a valid method of recruitment as it ensured that persons with experience in working in remote rural and tribal areas were selected as Area Education Officers. 2. M.P. Online Limited was a valid authority to conduct the examination as it was authorized by the State Government. 3. The classification of candidates for the post of Area Education Officer was reasonable as it was based on educational qualification and nature of duties. 4. The teaching experience requirement should be interpreted as overall teaching experience on any teaching post in Government Schools as this interpretation avoided anomaly and satisfied the test of reasonableness.
Final Decision: The Court quashed the order dated 16-9-2013 issued by the School Education Department, the clarificatory memo issued by the Commissioner, Public Instructions, Government of Madhya Pradesh, Bhopal dated 24-8-2013, and the advertisement dated 22-8-2013 insofar as it prescribed that Upper Division Teachers, Head Masters Middle School and 'Adhyapaks', should have 5 years teaching experience on their "respective posts" for appointment on the post of Area Education Officer. It directed that the results of such Upper Division Teachers, Head Masters Middle School and 'Adhyapaks' who have appeared in the examination, which was held on 8-9-2013 for recruitment to the post of Area Education Officer be also declared.
Alok Aradhe, J.
1. In this bunch of writ petitions the subject-matter of challenge is order dated 25-7-2013 issued in exercise of executive power by the State Government by which the State Government has constituted State Education Service as well as the Notification dated 22-8-2013 by which the M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982 have been amended and the advertisement dated 22-8-2013 by which the process of recruitment to the post of Area Education Officer has been set in motion. The petitioner in Writ Petition No. 12600/2014 seeks quashment of selection process undertaken by M.P. On-line Limited pursuant to the aforesaid advertisement. The petitioner in W.P. No. 17367/2013 has challenged the validity of the order dated 16-9-2013 issued by School Education Department which provides that the teaching experience of 'Adhyapaks' should be counted with effect from 1-4-2007 as 'Adhyapak' cadre has been constituted from the aforesaid date. The petitioners have also assailed the validity of the clarificatory memo dated 24-8-2013 issued by Commissioner, Public Instructions, Government of Madhya Pradesh, Bhopal by which clarification has been issued in respect of the qualification with regard to teaching experience as prescribed for recruitment to the post of Area Education Officer in the Advertisement dated 22-8-2013. The background facts leading to filing of these writ petitions, briefly stated, are that the petitioners are employed as Assistant Teachers, Upper Division Teachers, Head Masters of Middle School and Lecturers of Higher Secondary School in School Education Department whereas as some of them are employed as Varishtha Adhhyapaks in Government Schools managed by local bodies. The service conditions of Upper Division Teachers, Head Masters, Lecturers and Assistant Teachers, who are the employees of School Education Department, are governed by M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982 [hereinafter referred to as "the 1982 Rules"] whereas, the service conditions of 'Adhyapaks', who are the employees of local bodies, are governed by M.P. Panchayat Adhyapak Samvarg (Employment and Conditions of Service) Rules, 2008 [for brevity " the 2008 Rules"].
2. Under the erstwhile Education Guarantee Schools, 'Gurujis' were employed to impart education to the students, who were later on upgraded to the post of 'Samvida Shala Shikshaks' and thereafter were further upgraded to the post of 'Adhyapaks'. After the commencement of Right to Education Act, 2009, the Education Guarantee Schools were converted into primary schools. The erstwhile 'Shiksha Karmis' were inducted in service under the provisions of Madhya Pradesh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997 which were framed in exercise of power under sections 53, 70 and 95 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. The Shiksha Karmis were recruited by the Selection Committee comprising of 5 members, out of which two members were senior government officers of the District. The educational qualification prescribed for the posts of Shiksha Karmis Grade-I, II and III under the Rules were Master Degree in Second Division in the concerned subject, Bachelor Degree in Second Division in the concerned subject and the Higher Secondary Certificate Examination or equivalent respectively. Similarly, in exercise of power under section 433 read with section 58 of M.P. Municipal Corporation Act, 1956 the State Government framed Madhya Pradesh Municipality Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1998. Rule 4 of the aforesaid Rules provides that number of posts shall not be increased except with the prior approval of the State Government. The State Government had the control in respect of the appointment and conditions of service of Shiksha Karmis under the said Rules.
3. Thereafter, the State Government in exercise of power under section 95 read with section
