Rajasthan High Court - Jodhpur
Amrood Ram vs State Of Rajasthan & Ors on 23 November, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8815 / 2017
Amrood Ram S/o Ram Karan, Aged About 28 Years, R/o Bagrasar,
Post Jalniwasar, Tehsil Jayal District Nagaur (Raj).
----Petitioner
Versus
1. The State of Rajasthan Through Its Secretary, Department of
Education, Government Secretary, Jaipur, Rajasthan.
2. The Director, Primary Education, Rajasthan, Bikaner.
3. The Chief Executive Officer, Zila Parishad, Nagaur.
----Respondents
_____________________________________________________
For Petitioner(s) :Dr. Nikhil Dungawat, for Mr. Hanuman Singh
Choudhary
For Respondent(s) :Mr. Vikas Choudhary for Mr. SS Ladrecha, AAG
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 23/11/2017
1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers:
"A. The action of the respondent while depriving the petitioner from appointment on the post of Teacher Grade III (Level-II) Subject Social Studies in pursuance to Teacher Grade II Direct Recruitment Competitive Examination-2012 on account of not possessing 45% marks in BA Examination may kindly be declared per se illegal, unjust, arbitrary and so also violative to Article 14, 16 and 21 of the Constitution of India : and / or B. The respondents may kindly be directed to provide appointment to the petitioner on the post of Teacher Grade III (Level-II) Subject Social Studies in pursuance to Teacher Grade III Direct Rectuitment (2 of 5) [CW-8815/2017] Competitive Examination-2012 with all benefits:
and/or C. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
E. Writ petition filed by the petitioner may kindly be allowed with costs."
2. Learned counsel for the petitioner states that Rule 266 of Rajasthan Panchayati Raj Rules, 1996 (hereinafter after referred as the Rules of 1996) stipulates the academic qualification that a recruit must possess minimum qualification. The relevant portion of Rule 266 of the Rules of 1966, the sub Rule (3) reads as under:
"Rule 266. Academic Qualification- ....................
(1)...........................
(2) .........................
(3) Primary and upper Primary School Teacher (100% by direct recruitment)
(a) General Education Level - (I) Classes I to V Qualifications as laid down by National Council for Teacher Education (NCTE) under the provisions of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No.35 of 2009) from time to time.
Level-(ii) Classes VI to VIII Qualifications as laid down by National Council for Teacher Education (NCTE) under the provisions of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No.35 of (3 of 5) [CW-8815/2017] 2009) from time to time.
(b) Special Education
Level-(i) Classes I to V Qualifications as laid down by
National Council for Teacher
Education (NCTE) under the
provisions of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No.35 of 2009) from time to time.
Level-(ii) Classes VI to VIII Qualifications as laid down by
National Council for Teacher
Education (NCTE) under the
provisions of sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No.35 of 2009) from time to time.
Provided further that the person who has appeared in the B.Ed./BSTC examination shall be eligible to apply for the post of primary and upper primary school teacher but he shall have to submit proof of having acquired the said educational qualification to the [Distt. Establishment Committee] before the declaration of result of the said examination.
3. While exercising the powers under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the notification dated 29.07.2011 has been passed.
4. In the notification, the minimum qualification for Level- II reads as follows:
(a) Graduation and 2 year Diploma in Elementary Education (by whatever name known) OR Graduation with at least 50% marks and 1 year Bachelor in Education (B.Ed.) OR Graduation with at least 45% marks and 1 year Bachelor in Education (B.Ed.) in accordance with the NCTE (4 of 5) [CW-8815/2017] Recognition Norms and Procedure) Regulations issued from time to time in this regard.
OR Senior Secondary (or its equivalent) with at least 50% marks and 4 years Bachelor in Elementary Education (B.El.Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 4 year B.A./B.SC.Ed. Or B.A.Ed./B.Sc.Ed.
OR Graduation with at least 50% marks and 1 year B.Ed. (Special Education) AND
(b) Pass in Teacher Eligiblity Test (TET), to be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE for the purpose."
5. Learned counsel for the petitioner further states that the petitioner is having 43.44% marks in the Graduation and as per the minimum qualification prescribed in NCTE, the Graduation need to be with 45% alongwith 1 year Bachelor in Education Degree recognized by the NCTE.
6. Learned counsel for the petitioner further shows the reservation policy in the notification dated 29.07.2011 issued by NCTE, which reflects 5% relaxation in the qualifying marks shall be allowed to the candidates belonging to reserved categories such as SC/ST/OBC/PH.
7. It is further noted by this Court that the petitioner has obtained the Graduation Degree in the year 2009 and as per the judgment of Sushil Sompura (supra), the Graduation of the petitioner shall stand protected.
8. After hearing learned counsel for the parties and perusing the material available on record, this Court is of the (5 of 5) [CW-8815/2017] opinion that once in tandem with Rule 266 of the Rules of 1996, a notification has been made and it permits Level-II entry with 45% marks in Graduation and 5% relaxation to the reserved category candidates, then the petitioner who has secured 43.44% marks and if given 5% relaxation available to the OBC category candidates then he shall be qualified as per the NCTE notification. The petitioner who was a OBC category candidate is thus, entitled to be given appointment, if otherwise, he is in the merit on account of having 43.44% marks in the Graduation.
9. In light of the aforesaid observations, the present writ petition is allowed and the respondents are directed to give appointment to the petitioner on the post of Teacher Grade-III Level-II Social Studies (OBC category) in case, he is otherwise secured the cut-off marks in the result issued by the Zila Parishad, Nagaur.
(DR. PUSHPENDRA SINGH BHATI)J. sudheer