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Himachal Pradesh High Court · body

2014 DIGILAW 543 (HP)

Som Parkash v. State of H. P.

2014-05-08

RAJIV SHARMA

body2014
Judgment : Per Rajiv Sharma, Judge: Since common questions of law and facts are involved in these petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain clarity, facts of CWP No.8191 of 2012 have been taken into consideration. 2. Pertinent facts necessary for the adjudication of these petitions are that the Director, Elementary Education, Shimla, sent a communication to the Director of Sainik Welfare, (Ex-servicemen Cell), Himachal Pradesh, for sponsoring the names of eligible ex-servicemen for recruitment (TET Qualifiers) of TGT (NM), TGT(M) and TGT (Arts) under ex-servicemen quota amongst TET qualifiers from HPSSSB, Hamirpur, purely on contract basis. The Sub Regional Employment Officer, Directorate of Sainik Welfare, (Ex-servicemen Cell), Himachal Pradesh asked the petitioners to appear before the State Selection Committee vide letter dated 17.8.2012. The petitioners appeared before the State Selection Committee on 30.8.2012. They were found suitable. Their names were nominated by the Sub Regional Employment Officer, Directorate of Sainik Welfare, (Ex-servicemen Cell), Himachal Pradesh and the list was sent to the Director (Elementary Education), Shimla, for offering them appointment letters on 1.9.2012. Names of the petitioners, except the petitioner in CWP No.10483 of 2012, found mentioned in the list annexed with CWP No.8191 of 2012 as Annexure P-10. Thereafter, the Director (Elementary) Education asked the petitioners to produce the original certificates/degrees for the purpose of TGT (Arts) on 4.9.2012. The petitioners produced their testimonials before the Director (Elementary) Education. However, fact of the matter is that names of petitioners did not find mention in office order dated 19.9.2012, Annexure P-12, whereby ex-servicemen were offered appointment as TGT (Arts) purely on contract basis on fixed salary of Rs.13,900/-. The reason assigned for not offering the appointment letters to the petitioners was that they had not obtained 50% marks in graduation, as per the Recruitment and Promotion Rules notified on 31.5.2012. However, in reply to CWP No. 10483 of 2012, the respondent-State averred that the candidates who have passed their graduation with 45% marks and enrolled themselves in B.Ed. course prior to 31.8.2009 were also eligible for appearing in Teacher Eligibility Test, which was mandatory to become a teacher as per the Recruitment and Promotion Rules. The respondent-State has amended the Himachal Pradesh, Elementary Education Department, Trained Graduate Teacher, Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2009 vide notification dated 31.5.2012. course prior to 31.8.2009 were also eligible for appearing in Teacher Eligibility Test, which was mandatory to become a teacher as per the Recruitment and Promotion Rules. The respondent-State has amended the Himachal Pradesh, Elementary Education Department, Trained Graduate Teacher, Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2009 vide notification dated 31.5.2012. According to the amended Recruitment and Promotion Rules, 2012, following qualifications have been prescribed for filling-up post of TGT (Arts):- “1. Trained Graduate Teacher (Arts). i) B.A./B.Com with at least 50% marks and 1 year Bachelor in Education (B.Ed). Or B.A./B.Com with at least 45% marks 1 year Bachelor in Education (B.Ed) in accordance with NCTE (Recognition norms and Procedure) regulations issued from time to time in this regard.” 3. It is clear from the plain language of the Rule, quoted hereinabove, that the candidates for appointment as TGT (Arts) must possess B.A./B.Com with at least 50% marks and 1 year B.Ed. or B.A./B.Com with at least 45% marks and 1 year B.Ed. in accordance with NCTE (Recognition norms and Procedure) regulations issued from time to time in that regard. 4. In order to interpret essential qualification prescribed vide notification dated 31.5.2012, it is necessary to go into the entire history the manner in which the minimum qualifications were prescribed seeking admission in B.Ed. course by the NCTE through its regulations. As per the norms and standards for B.Ed. courses notified on 18.11.2002 along with the Regulations, 2002, the candidates must possess 45% marks in Bachelor’s/Master’s degree to seek admission to B.Ed. course. The minimum qualification to seek admission to B.Ed. course was raised to 50% marks in Bachelor’s/Master’s degree vide notification dated 21.7.2006. However, vide notification dated 10.12.2007, the eligibility for admission to B.Ed. course was reduced to 45% marks in Bachelor’s/Master’s degree. According to Appendix4 of norms and standards for secondary teacher education programme leading to B.Ed. course, dated 27.11.2007 published on 10.12.2007, following eligibility criteria was prescribed for admission to B.Ed. course. “3.2.1 Candidates with at least 45% marks either in the Bachelor’s Degree and/or in the Master’s degree or any other qualification equivalent thereto, are eligible for admission to the programme.” 5. However, vide norms and standards laid down by the NCTE for admission to B.Ed. course. “3.2.1 Candidates with at least 45% marks either in the Bachelor’s Degree and/or in the Master’s degree or any other qualification equivalent thereto, are eligible for admission to the programme.” 5. However, vide norms and standards laid down by the NCTE for admission to B.Ed. course on 31.8.2009, minimum eligibility criteria was again changed from 45% marks to 50% marks in Bachelor’s degree and/or in the Master’s degree or any other qualification equivalent thereto to seek admission to B.Ed. course. 6. As per notification dated 23.8.2010, issued by the NCTE, minimum qualification prescribed for a person to be eligible for appointment as teacher in Classes VI-VIII was BA/B.Sc. and 2-year Diploma in Elementary Education or B.A./B.Sc. with at least 50% marks and 1-year B.Ed. or B.A./B.Sc. with at least 45% marks and 1-year B.Ed. in accordance with (recognition norms and procedure) regulations issued from time to time in that regard. The NCTE vide notification dated 29.7.2011 again revised minimum qualification for a person to be eligible for appointment as teacher in Classes VI-VIII. According to the notification dated 29.7.2011, minimum qualification was graduation with at least 45% marks and 1-year B.Ed. in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time. 7. What emerges from the history traced out the manner in which the minimum criteria has been changed by the NCTE is that initially a candidate was required to obtain 45% marks for seeking admission in B.Ed. course, as per norms dated 18.11.2002. Thereafter, it was raised to 50% marks on 21.7.2006. It was reduced to 45% marks on 10.12.2007. It was increased to 50% marks on 31.8.2009. It was diluted to 45% marks vide notification dated 23.8.2010 and 29.7.2011. 8. According to Recruitment and Promotion Rules, 2012, for TGT (Arts) notified on 31.5.2012, the minimum qualification prescribed is B.A./B.Com with at least 50% marks and 1 year B.Ed or B.A./B.Com with at least 45% marks and 1 year B.Ed in accordance with NCTE (Recognition norms and Procedure) regulations issued from time to time in that regard. According to these Rules framed by the respondent-State, the candidate with B.A./B.Com with at least 45% marks and 1 year B.Ed is qualified, if he sought admission as per the (Recognition norms and Procedure) regulations issued by the NCTE from time to time in that regard. According to these Rules framed by the respondent-State, the candidate with B.A./B.Com with at least 45% marks and 1 year B.Ed is qualified, if he sought admission as per the (Recognition norms and Procedure) regulations issued by the NCTE from time to time in that regard. Since there were repeated amendments in the minimum marks required for admission to B.Ed. course, the Secretary (Elementary Education) sent a letter dated 29.6.2013 to the Director, Elementary Education. Text of the letter reads as under:- “I am directed to refer to your letter No.EDN-H(2)B(2) 1/2012-R & P dated 25.6.2013 on the subject cited above and to say that the NCTE has laid down minimum qualification for a person to be eligible for appointment as a teacher in classes I to VIII in pursuance to the RTE Act. On the basis of qualifications laid down by the NCTE, R & P Rules have been notified which are crystal clear and require no amendment. It has already been clarified to the Secretary, HPSSSB by you vide your letter No.EDN-H(2) B (2) 3/2012-12-Req. dated 12.6.2013 that as per NCTE norms issued from time to time upto 30.8.2009, 45% marks in graduation were required and after 31.8.2009 50% marks are mandatory for the purpose. The cut-off date has not been inserted in view of the fact that the NCTE keeps on making amendments in their regulations from time to time as can be seen from the notifications of NCTE dated 10.12.2007, 31.8.2009, 23.8.2010 and 29.7.2011 pertaining to educational qualifications. Therefore, to expect an amendment in the R&P Rules as and when such changes made by the NCTE would be impracticable. It takes at least 6 months to make amendment in the R&P Rules which hampers the recruitment process. In so far as making provision of relaxation of 5% in qualifying marks in r/o SC/ST/OBC and PHH is concerned, it is clarified that this provision has already been made below Rule-7 of R&P Rules of Trained Graduate Teacher. You are, therefore, requested to intimate the Secretary, H.P. Subordinate Services Selection Board accordingly.” 9. According to the text quoted hereinabove, it is clear that as per NCTE norms issued from time to time, a candidate having 45% marks in graduation upto 31.8.2009 was eligible and after 31.8.2009, 50% marks were mandatory for appointment as TGT (Arts). You are, therefore, requested to intimate the Secretary, H.P. Subordinate Services Selection Board accordingly.” 9. According to the text quoted hereinabove, it is clear that as per NCTE norms issued from time to time, a candidate having 45% marks in graduation upto 31.8.2009 was eligible and after 31.8.2009, 50% marks were mandatory for appointment as TGT (Arts). The new cut-off date has not been inserted in view of the fact that the NCTE keeps on making amendments in their regulations from time to time as per notifications dated 10.12.2007, 31.8.2009, 23.8.2010 and 29.7.2011 pertaining to educational qualifications. The State Government has shown its inability to cope-up with the amendments carried out in the regulations in quick succession pertaining to educational qualification. 10. The petitioners do not possess 50% marks in their B.A./B.Com degree, but they were duly qualified to seek admission to B.Ed. course as per the norms laid down by the NCTE from time to time. The petitioners passed their B.Ed. examination in various academic sessions, i.e. 2008, 2009, 2010, 2011 and 2012. It is expected from the statutory body like the NCTE not to make frequent changes in the eligibility/qualification criteria for seeking admission to B.Ed. course. The NCTE, as noticed hereinabove, has carried out amendments on 18.11.2002, 21.7.2006, 10.12.2007, 31.8.2009, 23.8.2010 and 29.7.2011. It has led to a lot of uncertainty in the minds of the candidates. The certainty is one of the principles of rule of law. The cut off date prescribed by the respondent-State i.e. 31.8.2009 as per letter dated 29.6.2013 is arbitrary. The cut off date has divided the homogenous class of the candidates, who have obtained the B.Ed. course on or before this date. The candidates with 45% marks upto 31.8.2009 have been made eligible seeking job as TGT and the candidates, who could not secure 50% marks in graduation after 31.8.2009, have been left out for consideration to be appointed as TGT (Arts) arbitrarily. Cut off date must be reasonable. It must have nexus sought to be achieved. The object is to ensure that only those candidates are appointed as teachers, who are qualified to seek admission to B.Ed. course as per NCTE norms laid down, as amended from time to time. There has to be certainty in the norms prescribed as the same, as discussed hereinabove, have been changed frequently without any rationale. The object is to ensure that only those candidates are appointed as teachers, who are qualified to seek admission to B.Ed. course as per NCTE norms laid down, as amended from time to time. There has to be certainty in the norms prescribed as the same, as discussed hereinabove, have been changed frequently without any rationale. According to letter dated 29.6.2013, the candidates, who have obtained B.A. degree with 45% marks before 31.8.2009, were duly eligible. It is held that the petitioners were also eligible as per notifications dated 23.8.2010 and 29.7.2011 to seek admission to B.Ed. course. The emphasis in the Rules notified on 31.5.2012 is that the candidate should be in possession of at least 45% marks in B.A./B.Com and 1 year B.Ed. in accordance with the NCTE (Recognition norms and procedure) regulations issued from time to time. As per column No.7 of notification dated 31.5.2012 prescribing different equivalent qualifications, the same has to be given harmonious construction for the purpose of appointment of TGT. 11. The Director of Elementary Education, Shimla, sent communication to the Director of Sainik Welfare, (Ex servicemen Cell), Himachal Pradesh. The petitioners have appeared before the State Selection Committee. They were found suitable. Their names stood recommended to the State Government by the Sub Regional Employment Officer, Directorate of Sainik Welfare, (Ex-servicemen Cell), Himachal Pradesh and despite that, they have not been offered appointment letters only on the ground that they have not obtained 50% marks at the time of seeking admission to B.Ed. course. All the petitioners have qualified TET examination. 12. What emerges from the discussion and analysis made hereinabove is that the petitioners were duly eligible and qualified for appointment as TGT (Arts), pursuant to which, their names were nominated by the Sub Regional Employment Officer, Directorate of Sainik Welfare, (Ex-servicemen Cell), Himachal Pradesh to the Director of Elementary Education. Cut off date i.e. 31.8.2009 prescribed in the letter dated 29.6.2013 is bad in law and it is also in contravention to the norms laid down by the NCTE. The respondent-State was required to change Recruitment and Promotion Rules on the basis of norms laid down by the NCTE for seeking admission to B.Ed. course and it cannot take plea that frequent changes cannot be carried out in the Recruitment and Promotion Rules due to lengthy procedure. 13. The respondent-State was required to change Recruitment and Promotion Rules on the basis of norms laid down by the NCTE for seeking admission to B.Ed. course and it cannot take plea that frequent changes cannot be carried out in the Recruitment and Promotion Rules due to lengthy procedure. 13. Accordingly, in view of the observations and analysis made hereinabove, the writ petitions are allowed and the respondents are directed to issue appointment letters to the petitioners for the post of TGT (Arts) within a period of three weeks from today. Pending application(s), if any, also stands disposed of. No order as to costs.