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2014 DIGILAW 1204 (HP)

Praveen Kumar v. State of Himachal Pradesh

2014-09-05

RAJIV SHARMA, SURESHWAR THAKUR

body2014
JUDGMENT Rajiv Sharma, J. 1. Since common questions of law and facts are involved in both the petitions, the same were taken up together and are being disposed of by a common judgment. 2. Respondent-State has issued an advertisement on 23.9.2011 whereby applications were invited for filling up 212 posts of Head Masters (School Cadre) Class-II (Non-Gazetted). Petitioner also submitted an application for considering his candidature. Written test was held on 7.2.2012. Petitioner was called for interview for 17.4.2012. However, fact of the matter is that petitioner was not interviewed on the ground that he did not fulfill minimum educational qualification. He approached the Court by way of present petition. According to the petitioner, he was fully eligible and qualified since he possesses M.Ed. qualification. Petitioner was permitted to be interviewed provisionally for the post of Head Master on 12.6.2012. On 27.7.2012, H.P. Public Service Commission was directed to declare the result of all the candidates, including petitioner. Since petitioner was declared successful, H.P. Public Service Commission was directed to recommend the name of the petitioner for appointment, subject to the outcome of writ petition. However, before issuing actual orders of appointment, respondent Nos. 1 and 2 were directed to seek permission of the Court. On 19.9.2012, the Court clarified previous order dated 27.7.2012 to the effect that it would be open to the Government to make appointments, making it subject to the result of the writ petition. In view of interim orders passed by the Court, petitioner was issued appointment letter on 19.10.2013 (Annexure R-I). 3. Respondent No. 4 also moved an application for impleadment bearing CMP No. 2086 of 2013. It was allowed by the Court on 26.6.2013 and he was also arrayed as respondent No. 4. 4. Petitioner also submitted an application for considering his candidature for the post in question. He qualified the written test. He was interviewed on 9.4.2012. Petitioner has secured 56 marks and respondent No. 5 Praveen Kumar has secured 60 marks as per the result declared by the H.P. Public Service Commission. 5. Mr. Sanjeev Bhushan, learned counsel appearing on behalf of petitioner in CWP No. 4489 of 2012, has vehemently argued that his client was fully eligible and qualified to be considered for the post of Head Master (School Cadre) as per Advertisement No. VIII of 2011 dated 23.9.2011. 6. Mr. 5. Mr. Sanjeev Bhushan, learned counsel appearing on behalf of petitioner in CWP No. 4489 of 2012, has vehemently argued that his client was fully eligible and qualified to be considered for the post of Head Master (School Cadre) as per Advertisement No. VIII of 2011 dated 23.9.2011. 6. Mr. Dilip Sharma, learned Senior Advocate, appearing on behalf of petitioner in CWP No. 750 of 2014 has vehemently argued that client of Mr. Sanjeev Bhushan was not eligible and qualified to be considered for appointment to the post of Head Master (School Cadre). 7. The short legal question involved in these petitions is: whether petitioner Praveen Kumar fulfilled the essential qualification as per Advertisement No. VIII of 2011 dated 23.9.2011 or not. 8. Advertisement No. VIII of 2011 was issued by the H.P. Public Service Commission on 23.9.2011. Essential qualification for the post of Head Master (School Cadre) as per advertisement reads as under: "(i) At least 2nd Class Master’s Degree in Arts/Science or its equivalent from a recognized University. (ii) 5 years teaching experience as Trained Graduate Teacher in Senior Secondary Schools/High Schools/Middle Schools of H.P. Government or any Educational Institutions affiliated to H.P. Board of School Education/C.B.S.E./I.C.S.E." 9. It would be apt at this stage to refer to column No. 5 of Appendix-II of the advertisement. According to column No. 5, the candidate was required to write his/her qualifications codes in the boxes provided for the purpose in figures and to dark the respective circles below the boxes. The list of qualification codes was as under: Qualification Code. 10. The H.P. Public Service Commission has sought clarification from the Education Department whether the candidate having M.Ed. qualification would be considered equivalent to the Master Decree prescribed in Rule 7 (i) in the Recruitment and Promotion Rules or it is to be treated as training qualification higher to the B.Ed. only. The Education Department sent information to the H.P. Public Service Commission on 19.6.2012, which reads as under: “M.Ed. qualification is a professional qualification and the M.Ed. Degree is obtained after obtaining B.Ed Degree. B.Ed degree is professional degree in Education and M.Ed is Master Degree in Education, whereas Rule (i) of Rule 7 of the R&P Rules notified on 5.2.1998 for making direct recruitment of H.M.s says that there should be a 2nd class Master Decree in Arts/Science or its equivalent from a recognized University. Degree is obtained after obtaining B.Ed Degree. B.Ed degree is professional degree in Education and M.Ed is Master Degree in Education, whereas Rule (i) of Rule 7 of the R&P Rules notified on 5.2.1998 for making direct recruitment of H.M.s says that there should be a 2nd class Master Decree in Arts/Science or its equivalent from a recognized University. Master Degree in Arts/Science are the Academic Degrees which can’t be equated with professional Degree of M.Ed.” 11. Joint Director, Higher Education has sent communication to the Assistant Registrar (Academic) Himachal Pradesh University on 28.9.2013 seeking clarification whether the M.Ed. post-graduation degree in discipline of education is equivalent to M.A. Arts/Science or its equivalent from University. Respondent-University vide letter dated 10.10.2013 has informed that M.A./M.Sc. are two years post-graduate academic degrees after B.A. or B.Sc. Similarly, M.Ed. is a professional two years postgraduate degree in education. A candidate who wants to pursue M.Ed. has to do one year B.Ed. after B.A./B.Sc. and only then he/she can pursue M.Ed. As the duration of these post-graduate courses are equal, i.e. two years, they are equivalent degrees. 12. According to the reply filed by respondent Nos. 1 and 2 in CWP No. 750 of 2014, as per Recruitment and Promotion Rules of Headmaster, essential qualification for direct appointment as Headmaster is at least 2nd Class Master’s degree in Arts/Science or its equivalent from recognized University and Master Degree in Arts/Science are the academic degrees which cannot be equated with professional degree of M.Ed. 13. We have gone through the First Ordinances of Himachal Pradesh University 1973 as amended from time to time. According to clause 11.1 of Chapter-XI of the First Ordinances, the duration of Bachelor or Education course is one academic year for regular students and two years for the distance education mode. According to clause 11.12, the duration of Master of Education course shall be one academic year, spread over two semesters. Thus, duration of Bachelor of Education is one year and that of Master of Education is also one year. The respondent-University has erred by clubbing B.Ed. and M.Ed. degrees the courses are only of one year duration. Thus, it cannot be said that M.Ed. degree is equivalent to Master degree in Arts or Science or its equivalent. Thus, duration of Bachelor of Education is one year and that of Master of Education is also one year. The respondent-University has erred by clubbing B.Ed. and M.Ed. degrees the courses are only of one year duration. Thus, it cannot be said that M.Ed. degree is equivalent to Master degree in Arts or Science or its equivalent. It is on the basis of the clarification received by the Director of Education that the petitioner Praveen Kumar has been given appointment on 19.10.2013. He did not fulfill the basic essential qualification as prescribed under sub-rule (i) of rule 7 of the Recruitment and Promotion Rules notified on 5.2.1998 read in conjunction with Advertisement No. VIII of 2011 dated 23.9.2011. The advertisement itself has clarified in column No.5 of Appendix-II what would be the post-graduate master degree, i.e. M.A./ M.Sc./M.Com/MBA/MCA/LLM/MJMC. M.Ed. is not provided therein. The duration of all the post-graduations mentioned in column No.5 is two years and duration of B.Ed. degree is one year and M.Ed. is also one year. 14. Their Lordships of the Hon’ble Supreme Court in Dr. Prit Singh vs. S.K. Mangal and others, 1993 Supp (1) SCC 714 have held that the degree of Master of Arts is an academic qualification, whereas degree of Master of Education is a professional qualification. Their Lordships have further held that when the qualifications required “a consistently good academic record with first or high second class (55% marks/grade B in the seven point scale) Master’s degree in any subject” it shall mean an academic qualification like Master of Arts. Their Lordships have held as under: "11. It need not be pointed out that the Degree of Master of Arts is an academic qualification, whereas Degree of Master of Education is a professional qualification. According to us, when the qualifications required "a consistently good academic record with first or high second class (55% marks/grade B in the seven point scale) Master's Degree in any subject" (emphasis added) it shall mean an academic qualification like Master of Arts. The said requirement was prescribed with "a consistently good academic record". That Master's Degree shall mean Degree of Master of Arts in any subject, is apparent also from the fact that apart from that degree the candidate was required to possess also "Degree in Education" which will mean B.Ed. or M.Ed. The said requirement was prescribed with "a consistently good academic record". That Master's Degree shall mean Degree of Master of Arts in any subject, is apparent also from the fact that apart from that degree the candidate was required to possess also "Degree in Education" which will mean B.Ed. or M.Ed. Normally if the expression "Master's Degree" was to include even the Master's Degree in Education (M.Ed.) there was no necessity of prescribing the third requirement of a "Degree in Education." 12. If the claim of the appellant that "Master's Degree" shall include a Degree of Master of Education, is accepted, it will lead to an anomalous position. A person having secured third division in M.A. who cannot be considered by any University even for the post of Lecturer, will become qualified for being appointed as a Principal of any College, if later he secures a high second class marks in M.Ed. Examination by completing a course of one year. It need not be pointed out that the sole object of prescribing qualification that the candidate must have a consistently good academic record with first or high second class Master's Degree for appointment to the post of a Principal, is to select a most suitable person in order to maintain excellence and standard of teaching in the institution apart from administration. In the present case there is no dispute that in the Master of Arts Examination, the appellant secured only 47.1% marks which is not even a second division. We were informed that in the concerned University, second division is 50% and above. The appellant had not secured even second class marks in his Master of Arts Examination whereas the requirement was first or high second class (55%). The irresistible conclusion is that on the relevant date the appellant did not possess the requisite qualifications.” 15. Mr. Sanjeev Bhushan, learned counsel appearing on behalf of petitioner in CWP No. 4489 of 2012 has placed strong reliance on Dr. Ram Sevak Singh vs. Dr. U.P. Singh and others, (1992) 2 SCC 189. In Dr. Ram Sevak Singh case, the Master’s Decree or an equivalent degree of a foreign university in one of the subjects taught in the college in a subject allied or interconnected therewith was the minimum essential qualification. Ram Sevak Singh vs. Dr. U.P. Singh and others, (1992) 2 SCC 189. In Dr. Ram Sevak Singh case, the Master’s Decree or an equivalent degree of a foreign university in one of the subjects taught in the college in a subject allied or interconnected therewith was the minimum essential qualification. However, in the case in hand, the minimum essential qualification prescribed is at least 2nd Class Master’s Degree in Arts/Science or its equivalent from a recognized University. M.Ed. cannot be treated as Master’s degree in Arts/Science. 16. Accordingly, in view of the analysis and discussion made hereinabove, CWP No. 4489 of 2012 is dismissed. CWP No. 750 of 2014 is allowed. Appointment of respondent No. 5 in CWP No. 750 of 2014 vide order dated 19.10.2013 is quashed and set aside. H.P. Public Service Commission is directed to recommend the case of the petitioner in CWP No. 750 of 2014 strictly as per the merit list drawn for appointment to the State Government within a period of two weeks from today. Pending applications, if any, also stands disposed of. There shall, however, be no order as to costs.