For the post of Graduate Assistant Teacher in English, possessing a B.Ed degree with English as a 'method of teaching' is a mandatory qualification under the applicable recruitment rules, which cannot be substituted by an M.A. in English or a Post Graduate Diploma in English.

CAV ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The above two writ petitions are taken up together, heard and disposed of by this common order since they involve common facts and since the question raised is also common.

2. Petitioner in W.P.No.25795/2023 is before this Court under Article 226 of the Constitution of India questioning order dated 25.02.2021 in Application No.1914/2016 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) rejecting his prayer to quash final select list of candidates selected for the post of Primary School Assistant Masters/Mistress for the year 2014-15 (Annexure-A18) dated 20.01.2016 and also Annexure A19, selection of respondent No.5. The petitioner herein had claimed reservation under Category-I/Rural/Kannada Medium.

3. In W.P.No.20703/2024, the petitioner is before this Court under Article 226 of the Constitution of India questioning order dated 07.01.2021 in Application No.7260/2017 (Annexure-D) rejecting his prayer to quash Annexure-A18, final select list of candidates selected for the post of Primary School Assistant Masters/Mistress for the year 2014-15 (Annexure-A18) dated 20.01.2016. The petitioner herein had claimed reservation under Category I/Rural/Kannada Medium

4. The third respondent issued recruitment notification dated 23.03.2015 inviting online applications to fill up the post of Primary School Assistant Teacher through competitive examination. The last date for submitting application was 27.04.2015. The petitioner in W.P.No.25795/2023 with qualification of M.A. Degree in English and B.Ed., with having passed Karnataka Teachers Eligibility Test (for short, ‘TET’), applied for the post of Graduate Assistant Teachers of VI to VIII Standard. Whereas, the petitioner in W.P.No.20703/2024 with qualification of M.A. Degree in English and B.Ed., with TET, applied for the post of Graduate Assistant Teacher in English.

5. The candidature of both the petitioners came to be rejected on the ground that they were not eligible in terms of Annexure-A19. Questioning the respective endorsements, the petitioners were before the Tribunal in the above stated applications respectively. The Tribunal under impugned orders, rejected their applications holding that the petitioners would not possess the requisite qualification i.e., B.Ed., Degree with English as a method of teaching. Questioning their non-selection as Graduate Assistant Teacher in English as well as questioning the order of the Tribunal, the petitioners are before this Court.

6. Heard learned counsel Sri.Narayana Bhat.M., for petitioner in W.P.No.27975/2023, learned counsel Sri.Vijaya Simha Reddy.D.V., for petitioner in W.P.No.20703/2024, learned counsel Smt.Chitralekha.H.R., for respondent No.5 in W.P.No.25795/2023 and learned Additional Government Advocate Sri.Vikas Rojipura for respondent Nos.1 to 4 in both the writ petitions. Perused the entire writ petition papers.

7. Learned counsel for the petitioners in both the writ petitions would submit that both the petitioners possess the qualification of M.A., in English; Post Graduate Diploma in English from the regional institute of English; studied English as language in SSLC and PUC, as such, the petitioners possessed the requisite qualification for the post of Graduate Assistant Teacher in English and rejection of their case for the post of Graduate Assistant Teacher in English is wholly arbitrary and unreasonable. Learned counsels would also submit that persons with identical qualification have been selected and appointed in previous recruitments and the petitioners are similarly situated candidate