Sunita Sharma & Ors. Vs. State of Rajasthan & Ors.
EmailAppeal: Civil Appeal Nos. 5550-5551 of 1998
With
C.A. Nos. 5552-5553/1999, C.A. No. 5554/1998
With
C.A. Nos. 5552-5553/1999, C.A. No. 5554/1998
Petitioner: Sunita Sharma & Ors.
Respondent: State of Rajasthan & Ors.
Apeal: Civil Appeal Nos. 5550-5551 of 1998
With
C.A. Nos. 5552-5553/1999, C.A. No. 5554/1998
With
C.A. Nos. 5552-5553/1999, C.A. No. 5554/1998
Judges: S. RAJENDRA BABU & DORAISWAMY RAJU, JJ.
Date of Judgment: Oct 31, 2001
Head Note:
SERVICE LAWS
Rajasthan Panchayat Samities and Zila Parishads Rules, 1959
Rule 17 – Appointments – Primary school teachers grade III – Minimum qualification earlier was matric with BSTC/STC – Modified to secondary with 5 subjects and senior secondary with BSTC or B.Ed. qualification – Senior secondary (vocational) examination will be equivalent to senior secondary (academics) as held by High Court – High Court directing to take average of marks in secondary and training for adjudging merits. Held that High Court was adjusting equities. If so, respondents ought to have considered cases of those who have not been considered. Directions issued. (Paras 6 to 8)
JUDGEMENT:
ORDER
1. Let the petitioner in writ petition no. 573/1998 (treated as I.A. No. 5 in C.A. No. 5550-5551/1998) be treated as an appellant.
2. A batch of writ petitions were filed before the High Court in relation to recruitment to the posts of primary school teachers grade-III in rural schools under the panchayat samitis. The minimum qualification prescribed for appointment as primary school teacher is matric (secondary) with B.S.T.C./S.T.C. training or any other qualification declared equivalent by the education department of the state government. However, the government in exercise of its power under rule 17 of the Rajasthan Panchayat Samitis & Zila Parishads Rule, 1959 issued directions fixing minimum qualification for the eligibility to be appointed as teachers in primary school as secondary with five subjects including Hindi, English and Maths and senior secondary with B.S.T.C. or B.Ed. or any other qualification declared equivalent by the education department and the Board of Secondary Education, Ajmer. It was also contended before the court that the students passing senior secondary (vocational) examination are eligible for taking the admission in B.S.T.C. or for higher course and are also eligible to be appointed to the posts of teachers-grade-III.
3. On these aspects, the High Court posed two questions in relation to prescription of minimum qualification by the government by its circular in exercise of its power under rule 17 of the rules and whether senior secondary (vocational) qualification is equivalent to senior secondary (academic) qualification of board.
4. Learned single judge held that the qualification for eligibility for the post of teacher grade-III could not have been changed by circulars by the government when the same is covered specifically under the relevant rules, without amending the rules. Therefore, it was held by the learned single judge as well as by the division bench that the candidates who have passed secondary school examination and completed training of B.S.T.C./S.T.C. are eligible for the post of teachers grade-III for the relevant year and such candidates have the right for consideration for appointment to the said post.
5. The High Court also held that the qualification of senior secondary (vocational) is equivalent to senior secondary (academic) of the board. Learned single judge set aside and quashed the orders/circulars passed by the district establishment committees holding the appellants to be ineligible for appointment and directed for preparation of fresh merit lists taking the qualification of secondary school examination for the eligibility of candidates and fresh merit list should be prepared on the basis of the marks obtained by the candidates in secondary school examination instead of senior secondary and also made certain adjustments in regard to the candidates who had been selected pursuant to certain interim orders.
6. While certain candidates filed appeals before the division bench, the High Court on discussion of the matter in the court and after due deliberations arrived at some consensus to resolve the matter. What influenced the High Court was that on the principle adopted by the government resulted in 8647 persons being appointed, out of 9584 vacancies and if the order of learned single judge is given effect to in full, would disturb the entire selection and the working of the department will come to a standstill. On that basis, the High Court proceeded to hold that some other principle will have to be adopted and gave certain directions stating that average of the marks obtained in secondary and B.S.T.C. be counted for adjudging their merit in the respective zila parishads and be given appointments as per their merit on the remaining unfilled vacancies of the relevant year in the concerned zila parishads.
7. The division bench modified the order made by the learned single judge to the extent to consider the applications of those candidates also who are possessing certificate of senior secondary (vocational) and have already submitted their applications in the respective zila parishads after adjudging their merit on the basis of average of the marks obtained by them in secondary plus training. Such candidates, attaining merit, be given appointment only against unfilled vacancies of the relevant year in the concerned zila parishads.
8. It appears to us that the High Court passed its order only to adjust equities in the case. If that is so, we fail to understand as to why the appellants before us should not be accommodated by the government when they possess the due qualifications, as noticed by the learned single judge. Their cases ought to have been considered as per the directions issued by the learned single judge. In that view of the matter, we direct the respondents to consider the cases of the appellants before us and appropriate action be taken thereof within a period of two months on the basis of the marks obtained by them in the higher secondary examination subject to the condition that their appointments shall be treated as fresh appointments and they will not have any claim as to the seniority or other benefits. It is made clear that we have passed this order in the peculiar circumstances arising in these appeals and the same shall not be treated as a precedent.
9. The appeals are allowed accordingly.
1. Let the petitioner in writ petition no. 573/1998 (treated as I.A. No. 5 in C.A. No. 5550-5551/1998) be treated as an appellant.
2. A batch of writ petitions were filed before the High Court in relation to recruitment to the posts of primary school teachers grade-III in rural schools under the panchayat samitis. The minimum qualification prescribed for appointment as primary school teacher is matric (secondary) with B.S.T.C./S.T.C. training or any other qualification declared equivalent by the education department of the state government. However, the government in exercise of its power under rule 17 of the Rajasthan Panchayat Samitis & Zila Parishads Rule, 1959 issued directions fixing minimum qualification for the eligibility to be appointed as teachers in primary school as secondary with five subjects including Hindi, English and Maths and senior secondary with B.S.T.C. or B.Ed. or any other qualification declared equivalent by the education department and the Board of Secondary Education, Ajmer. It was also contended before the court that the students passing senior secondary (vocational) examination are eligible for taking the admission in B.S.T.C. or for higher course and are also eligible to be appointed to the posts of teachers-grade-III.
3. On these aspects, the High Court posed two questions in relation to prescription of minimum qualification by the government by its circular in exercise of its power under rule 17 of the rules and whether senior secondary (vocational) qualification is equivalent to senior secondary (academic) qualification of board.
4. Learned single judge held that the qualification for eligibility for the post of teacher grade-III could not have been changed by circulars by the government when the same is covered specifically under the relevant rules, without amending the rules. Therefore, it was held by the learned single judge as well as by the division bench that the candidates who have passed secondary school examination and completed training of B.S.T.C./S.T.C. are eligible for the post of teachers grade-III for the relevant year and such candidates have the right for consideration for appointment to the said post.
5. The High Court also held that the qualification of senior secondary (vocational) is equivalent to senior secondary (academic) of the board. Learned single judge set aside and quashed the orders/circulars passed by the district establishment committees holding the appellants to be ineligible for appointment and directed for preparation of fresh merit lists taking the qualification of secondary school examination for the eligibility of candidates and fresh merit list should be prepared on the basis of the marks obtained by the candidates in secondary school examination instead of senior secondary and also made certain adjustments in regard to the candidates who had been selected pursuant to certain interim orders.
6. While certain candidates filed appeals before the division bench, the High Court on discussion of the matter in the court and after due deliberations arrived at some consensus to resolve the matter. What influenced the High Court was that on the principle adopted by the government resulted in 8647 persons being appointed, out of 9584 vacancies and if the order of learned single judge is given effect to in full, would disturb the entire selection and the working of the department will come to a standstill. On that basis, the High Court proceeded to hold that some other principle will have to be adopted and gave certain directions stating that average of the marks obtained in secondary and B.S.T.C. be counted for adjudging their merit in the respective zila parishads and be given appointments as per their merit on the remaining unfilled vacancies of the relevant year in the concerned zila parishads.
7. The division bench modified the order made by the learned single judge to the extent to consider the applications of those candidates also who are possessing certificate of senior secondary (vocational) and have already submitted their applications in the respective zila parishads after adjudging their merit on the basis of average of the marks obtained by them in secondary plus training. Such candidates, attaining merit, be given appointment only against unfilled vacancies of the relevant year in the concerned zila parishads.
8. It appears to us that the High Court passed its order only to adjust equities in the case. If that is so, we fail to understand as to why the appellants before us should not be accommodated by the government when they possess the due qualifications, as noticed by the learned single judge. Their cases ought to have been considered as per the directions issued by the learned single judge. In that view of the matter, we direct the respondents to consider the cases of the appellants before us and appropriate action be taken thereof within a period of two months on the basis of the marks obtained by them in the higher secondary examination subject to the condition that their appointments shall be treated as fresh appointments and they will not have any claim as to the seniority or other benefits. It is made clear that we have passed this order in the peculiar circumstances arising in these appeals and the same shall not be treated as a precedent.
9. The appeals are allowed accordingly.
