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2023 DIGILAW 40 (MP)

Rajesh Verma v. The State of Madhya Pradesh

2023-01-05

VIVEK RUSIA

body2023
ORDER 1. The petitioner has filed the present petition seeking direction to the respondents to consider his graduation certificate issued by the Indian Army for appointment to the post of Madhyamik Shikshak (English). Petitioner’s case 2. The petitioner passed the Higher Secondary Examination (12th) and thereafter joined the Indian Army to the post of Havaldar. After discharging more than 15 years of continuous service in the Indian Army, he was issued a Combined Certificate of Discharge and Recommendation for Civil Employment which is equivalent to the Graduation certificate issued by any recognized university. The Indian Army is competent to issue a graduation certificate to the army personnel by virtue of their 15 years of service in the Indian Army. The petitioner had also passed the diploma in education (two years Course) in the year 1999 from the Board of Secondary Education, Bhopal. 3. The State Government framed the Rules called the Madhya Pradesh School Education Service (Teaching Cadre) Service Conditions and Recruitment Rules, 2018 (in short '' Rules, 2018'') for recruitment to the teaching staff in the school education department as mentioned in Schedule-1 and Schedule -2. Rule 5 provides a method of recruitment. As per sub Rule 4 of 5 Rules,2018, the recruitment to the service shall be made by selection through eligibility examination under direct recruitment and by promotion. The Educational qualifications are provided under Rule 8(2), and the candidate is required to mandatory to pass the Teaching Eligibility Examination with percentage as prescribed in sub-rule (5) of Rule-11 for direct recruitment on the post of teacher. 4. The respondents have conducted the Middle School Teacher Eligibility Teacher Test-2018 through the Professional Examination Board in which the petitioner appeared for the post of Madhyamik Shikshak (English) and was declared qualified with 88.35 marks. The name of the petitioner has not been included in the final selection list as he is not having a bachelor’s degree in the relevant subject. Hence, the petitioner has approached this Court challenging the action of the respondents on the ground that the graduation certificate issued by the Indian Army is liable to be considered as the graduation certificate for the post in question. Hence, he is liable to be considered for the post of Madhyamik Shikshak (English). Reply by the respondents 5. Hence, the petitioner has approached this Court challenging the action of the respondents on the ground that the graduation certificate issued by the Indian Army is liable to be considered as the graduation certificate for the post in question. Hence, he is liable to be considered for the post of Madhyamik Shikshak (English). Reply by the respondents 5. Respondents No.1 to 3 have filed a reply by contending that the petitioner applied to the post of Madhyamik Shikshak (English) and as per Rules, 2018 for this post he must possess a bachelor’s degree in the English subject. Since the petitioner is not having a bachelor’s degree in English Subject, therefore he has rightly been denied for selection. The Commissioner of Public Education vide order dated 19.04.2022 has clarified that for the post of Madhyamik Shikshak (English), the candidature of those candidates shall be considered who is having a graduation degree as the main subject of English, therefore, the petitioner cannot be appointed contrary to the qualification prescribed in the statutory rules. Submissions of the learned counsel of the petitioner 6. Learned counsel for the petitioner submits that Rules 6 (4) of Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 provides that for appointment to any reserved vacancy in Group 'C' posts, a matriculate Ex-serviceman who has obtained the Indian Army Special Certificate of Education and who has put in not less than 15 years of service in the Armed Forces of the Union may be considered eligible for appointment to the posts for which the essential educational qualification prescribed is graduation. Learned counsel further submits that the petitioner has passed the Secondary School Examination with English Course, thereafter, Higher Secondary School Examination (10+2) with English Subject and diploma in Education with English as a second language and in both the examination he got distinction in English Subject. The petitioner has also cleared the Eligibility test, therefore, he is liable to be considered for selection to the post of Madhyamik Shikshak (English). The petitioner has also cleared the Eligibility test, therefore, he is liable to be considered for selection to the post of Madhyamik Shikshak (English). In support of his contention, learned counsel has placed on the judgment passed by apex Court in the case of Chief Executive Officer, NSSO and others v. Biswa Bhusan Nandi reported in (2008) 10 SCC 161 , the apex Court has held that even in a case where experience in nontechnical professional work experienced although prescribed as essential yet in a case where the appointing authority is satisfied that the ex-serviceman is expected to perform his duties in the post by undergoing `on the job training', the such appointment could have been made. In the case of Laxman Gangaram Dodmani and Another v. State of Goa through the Chief Secretary and others reported in 2020 SCC OnLine Bom; 242, the Bombay High Court has held where Ex-servicemen were considered for the post of Government School Primary Teacher despite they were not having teacher eligibility test qualification. In the case of Rahul Holkar v. Bank of India (Writ Petition No.6201/2015 decided on 19.08.2016) in which the graduation certificate issued by the Indian Army on the basis of holding the graduation certificate issued by Indian Army, the petitioner therein has been permitted to participate in the appointment under Group 'C' post for which graduation degree from a recognized university is an essential qualification. The aforesaid judgment has been upheld by the Division Bench of this Court by dismissing Writ Appeal No.485/2016. In the case of Goverdhan Singh v. The Rajasthan Public Service Commission, Ajmer in which High Court has observed that in the cases of lower ranked armed forces personnel, they get recruited at a young age and miss out on the opportunity to pursue higher education. The Central Government has offered solace for this loss of opportunity to the servicemen or exservicemen by empowering the Armed forces to confer upon them a graduation certificate. In such circumstances, learned counsel appearing on behalf of the petitioner prays that the graduation certificate issued by the Indian Army be treated as a valid bachelor’s degree for the post in question. Appreciations and conclusion 7. The sole issue in this controversy which requires adjudication by this Court is as under :-- Whether a bachelor’s degree in a relevant subject is equivalent to the Graduation Certificate issued by Indian Army? 8. Appreciations and conclusion 7. The sole issue in this controversy which requires adjudication by this Court is as under :-- Whether a bachelor’s degree in a relevant subject is equivalent to the Graduation Certificate issued by Indian Army? 8. Admittedly the petitioner is possessing the Graduation Certificate issued by the Indian Army which is not in a specific particular subject. The graduation certificate is issued after serving 15 years in the Arms force who are matriculated. They are liable to be considered eligible for appointment to any reserve vacancy in Group 'C' post for which the essential qualification is graduation and where the experience of technical or professional nature is not essential. For the post of Madhyamik Shikshak (English), the essential educational qualification is a bachelor’s degree in the relevant subject and two years diploma in elementary education or equivalent with the passing of teacher eligibility examination with a percentage as prescribed sub Rule 5 of Rule 11. The petitioner is having two years diploma in elementary education and also passed the teachers’ eligibility examination with the required percentage. 9. As per the Rules a bachelor’s degree alone is not required but it should be in a relevant subject to get an appointment to the post of Madhyamik Shikshak (English). The petitioner applied to the post of Madhyamik Shikshak in English subject therefore, English should be the main subject in the bachelor’s degree but the Graduation Certificate issued by Indian Army nowhere does declare that it is graduation in English subject, therefore, same cannot be treated as a qualification of the bachelor degree in a relevant subject. There is a 10% reservation for ex-servicemen but there is no relaxation in respect of educational qualifications for them. There is also a relaxation in the age criteria under Rule 8(1) (d) for Ex-servicemen. 10. Rule 10 gives authority to State Government to take decisions as to the eligibility of the condition of the candidate. The decision of the Government as to the eligibility or otherwise of a candidate for selection/examination shall be final. There is also a relaxation in the age criteria under Rule 8(1) (d) for Ex-servicemen. 10. Rule 10 gives authority to State Government to take decisions as to the eligibility of the condition of the candidate. The decision of the Government as to the eligibility or otherwise of a candidate for selection/examination shall be final. Rule 20 provides that despite the provision of this Rules the Governor shall have the power to deal with the case of any person to whom these rules shall apply, therefore, the case of the petitioner is liable to be considered by Government as well as Governor as to the conditions of bachelor degree in subject can be replaced by graduation certificate issued by the Indian Army or the petitioner can be given an opportunity to obtain the bachelor degree in relevant subject after selection. When the power has been given to the Government or the Governor then this Court cannot exercise such power in the petition under Article 226 of the Constitution of India. With the aforesaid, Writ Petition is disposed of.